Williams v. Williams
New York Supreme Court
Demurrer to reply. Plaintiff’s complaint is upon a promissory note for fifty dollars, and also upon a lease executed by the defendant for a parcel of ground situated in the town of Kirkland, in which lease the defendant undertook to pay the yearly rent of fifty dollars and one-half the taxes.
Read the full summary
Demurrer to reply. Plaintiff’s complaint is upon a promissory note for fifty dollars, and also upon a lease executed by the defendant for a parcel of ground situated in the town of Kirkland, in which lease the defendant undertook to pay the yearly rent of fifty dollars and one-half the taxes. Defendant in an amended answer to the complaint sets up by way of counterclaim to the alleged causes, of action that the defendant furnished to the plaintiff for his benefit and at his request lodging, stabling, board, food and provisions of the value of $123 ; and also, by way of further…
1Opinion of the CourtHardin, J.
In section 519 of the Code it is provided,, viz.: “The allegations of a pleading must be liberally construed, with & view to substantial justice between the parties.” Ford v. Ames, 36 Hun, 572.
Probably the plaintiff, when the reply was drawn, assumed that the defendant’s answer, in effect, set up -a counterclaim, and that the same was stated in different language in the different counts of the answer. . A liberal construction of the language of the reply seems to justify a conclusion that the *81plaintiff by the nse of the language found in the reply intended to controvert all the allegations…
2Cases cited2 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Del Valle v. NavarroNew York Supreme Court · 1887
3Cited by1 opinion
- In re Children's Inv. Fund Found. (Uk)District Court, S.D. Illinois · 2019