Tucker v. Ladd
New York Supreme Court
B. F. Butler, for the plaintiffs, moved to strike out the ,, , - _ _ second plea of the defendant. It was a plea of set-off; and he read affidavits showing that it was false and unfounded in point of fact; and he also insisted, that a set-off can not be pleaded under the statute of this state. (Alsop v. Caines, 10 John. Rep. 396. Caines v. Brisban, 13 id. 9.) The det , . . . . ™ i fendants had also given notice of setting off the same matters stated in the plea.
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B. F. Butler, for the plaintiffs, moved to strike out the ,, , - _ _ second plea of the defendant. It was a plea of set-off; and he read affidavits showing that it was false and unfounded in point of fact; and he also insisted, that a set-off can not be pleaded under the statute of this state. (Alsop v. Caines, 10 John. Rep. 396. Caines v. Brisban, 13 id. 9.) The det , . . . . ™ i fendants had also given notice of setting off the same matters stated in the plea. He cited Steward v. Hotchkiss, (2 Cowen’s Rep. 635,) Richmond v. Tallmadge, (16 John, Rep. 312, per Kent, Chancellor,) and 1 Archb.…
1Per curiam
We have been in the habit of receiving affidavits thus taken, under such circumstances.(a)
Bleeker then read the affidavit, which stated that the defendant expected to be able to prove all the material allegations in the special plea.
Curia.
We do not interfere to set aside a plea merely on the ground of its falsity, unless it be also apparent that it is intended to entrap the plaintiff; being of a doubtful character, and calling for a course of special pleading, which may compromit his rights. We said no more in Steward v. Hotchkiss. In this case, if, as insisted, the plea is plainly defective,…
2Cited by3 opinions
- Bucholz v. HuttonDistrict Court, D. Montana · 1957
- Wood v. St. Paul City Railway Co.Supreme Court of Minnesota · 1890
- In re PancoastDistrict Court, E.D. Pennsylvania · 1904