Youngs v. . Kent
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming an order of Special Term striking out defendants’ answer as frivolous, and affirming a judgment entered thereon. Plaintiffs were bound to fully complete their part of the contract. (16 Wend, 632; 21 N. Y., 398; 26 N. Y., 217; 17 N. Y., 173; 2 Sweeny, 267.) Plaintiffs having noticed the cause for trial, were precluded from moving for judgment on the answer as frivolous.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming an order of Special Term striking out defendants’ answer as frivolous, and affirming a judgment entered thereon. Plaintiffs were bound to fully complete their part of the contract. (16 Wend, 632; 21 N. Y., 398; 26 N. Y., 217; 17 N. Y., 173; 2 Sweeny, 267.) Plaintiffs having noticed the cause for trial, were precluded from moving for judgment on the answer as frivolous. (Code, § 256; Superior Court, Kellogg v. Baker, 15 Abb., 286; Esmond v. Vanbenschoten, 5 How., 44; Phillips v. Suydam, 6 Abb.,…
1Opinion of the Court
Pee Curiam.
Without passing upon the merits of the answer, so far as it attempts an affirmative defence, we are of the opinion that material allegations of the complaint were put in issue by other parts of the answer. The allegations in the complaint of the quantity delivered of the sugar in the aggregate, were material, and if controverted presented an issue of fact fof trial. It is true the denial of those allegations are not as artistic and formal as they might, and, perhaps, should have been, but they are not among the allegations expressly admitted, and they are not alluded to in the…
2Cited by27 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Burley v. German-American BankSupreme Court of the United States · 1884
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904
- Hespe v. Corning Glass Works, Inc.District Court, W.D. New York · 1935
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