Genesee Mutual Insurance v. Moynihen
New York Supreme Court
Motion for judgment upon the complaint upon the ground of the insufficiency of the answer. The action is upon a premium note given by the defendant to the planitiff.
Read the full summary
Motion for judgment upon the complaint upon the ground of the insufficiency of the answer. The action is upon a premium note given by the defendant to the planitiff. The note is in the words and figures following: “$70. For value received in policy No. 7295, dated Nov. 27th 1848, issued by the ‘ Genesee Mutual Insurance Company,’ I promise to pay the said Company or their treasurer for the time being, the sum of seventy dollars, in such portions and at such time or times as the directors of said company, may, agreeably to their act of incorporation require. ’ Andrew Moynihen.” The complaint…
1Opinion of the Court
Welles, Justice.
The law as to what an answer shall contain is found in § 149 of the Code. The first subdivision of that section is as follows: “ The answer of the defendant shall contain,
*322I. In respect to each allegation of the complaint controverted by the defendant, a general or specific denial thereof, or denial thereof according to his information and belief, or of any knowledge thereof sufficient to form a belief.”
The answer in this case is clearly within this section. The facts admitted are the execution of the note and the delivery of the policy. With regard to the residue of the…
2Cited by3 opinions
- Clark v. DillonNew York Court of Common Pleas · 1882
- McFarland, Dodge & Co. v. LesterSupreme Court of Iowa · 1867
- Nye v. PowerNew York Supreme Court · 1910