Stent v. Continental National Bank
New York Supreme Court
Motion for judgment upon the answer as frivolous. This action was brought by Thomas Stent, against the Continental National Bank of New York, to recover $675 for preparing a set of drawings, plans and specifications for certain alterations in its building in Nassau street.
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Motion for judgment upon the answer as frivolous. This action was brought by Thomas Stent, against the Continental National Bank of New York, to recover $675 for preparing a set of drawings, plans and specifications for certain alterations in its building in Nassau street. The answer was as follows: “The defendant answers the complaint herein upon information and belief: “That no allegation thereof is true, except as to the incorporation of the defendant, and that nothing has been paid to the plaintiff.” The defendant moved on the pleadings for judgment upon the answer, as frivolous.
1Opinion of the CourtDonohue, J.
Under the old code the mode of pleading allowed an answer positively denying, when in fact that denial was simply on information, and so the verification could show. I do not understand the code as it now stands as allowing such a verification, and therefore, the denial on information must be in the answer, and so stated.
Motion denied.
2Cited by2 opinions
- Clark v. DillonNew York Court of Common Pleas · 1882
- Macauley v. Bromell & Barkley Printing Co.City of New York Municipal Court · 1884