Dumar v. Witherbee, Sherman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Josephine Dumar, as administratrix, etc., of Moses Dumar, deceased, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Essex on the 29th day of June, 1903, directing the plaintiff to serve an amended complaint setting forth the particulars in said order stated.
Read the full summary
Appeal, by the plaintiff, Josephine Dumar, as administratrix, etc., of Moses Dumar, deceased, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Essex on the 29th day of June, 1903, directing the plaintiff to serve an amended complaint setting forth the particulars in said order stated. This action is brought to recover damages, alleging that the defendant, by its negligence, caused the death of the plaintiff’s intestate. It is alleged in the complaint: “ That plaintiff’s intestate was in the employ of defendant on…
1Opinion of the Court
Chase, J.:
A plaintiff in his complaint must make “a plain and concise statement of the facts.” "The defendant in his answer in addition to “ a general or specific denial ” can insert new matter constituting a defense or counterclaim “ in ordinary and concise language,” and the plaintiff in his reply, in addition to denials relating to the coun. terclaim, can insert, “in ordinary and concise language,” new matter constituting a defense to the counterclaim if not inconsistent with the complaint. (Code Civ. Proc., §§ 481, 500, 514.) It thus seems to be the purpose of the statute to make the…
2Cases cited4 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Jackman v. LordNew York Supreme Court · 1890
- Bennett v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1902
- Madden v. Underwriting Printing & Publishing Co.New York Supreme Court · 1894
3Cited by13 opinions
- United States Printing & Lithograph Co. v. PowersAppellate Division of the Supreme Court of the State of New York · 1916
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904
- Pigone v. LauriaAppellate Division of the Supreme Court of the State of New York · 1906
- Smith v. IrvinNew York Supreme Court · 1904
- Meredith v. Art Metal Construction Co.New York Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.