Taylor v. Smith
New York Supreme Court
Appeal from special term, New York county. Action by James E. Taylor against Andrew K. Smith and others, on a promissory note. From an order striking out an answer as frivolous, and from the judgment entered thereon, defendants appeal.
1Opinion of the CourtDaniels, J.
The action was brought against the makers and indorsers of a promissory note. The answer admitted the making and delivery of the *520n*ate, that it had not been paid, and that it was protested for non-payment; and it then contained a denial, on information and belief, of each and every allegation in the complaint not theretofore admitted. The allegations not in this manner admitted were that the payee in the note had sold, transferred, and indorsed it to-the plaintiff, who thereby became the lawful owner and holder thereof. These allegations were therefore included in the denial; and, as the rule…
2Cases cited3 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
- Roby v. HallockNew York Supreme Court · 1878
3Cited by2 opinions
- Taylor v. SmithNew York Supreme Court · 1890
- Jones v. BrownNew York Supreme Court · 1899