Alexander v. City of Albany
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David M. Alexander, from a judgment and order of the County Court of the county of Albany in favor of the defendant, entered in the office of the clerk of the county of Albany on the 28th day of March, 1900, affirming a judgment of the City Court of Albany rendered on the 28th day of December, 1899, dismissing the plaintiff’s complaint.
1Opinion of the Court
Kellogg, J.:
The' plaintiff brought this action in the City Court of Albany, and served with the summons a complaint duly verified and alleging properly a cause of action on contract — a lease of premises to defendant at a stated rental and non-payment of rent accrued. The answer “ Denies that it has any knowledge or information sufficient to form a belief ” touching the material allegations of the complaint, then pleads payment and the Statute of Limitations. When the case came on for trial the plaintiff claimed that the defendant’s denial, as stated in the answer, did not put plaintiff to a…
2Cases cited4 opinions
- Nicoll v. ClarkNew York Court of Common Pleas · 1895
- Lambert v. HoffmanAppellate Terms of the Supreme Court of New York · 1897
- Equitable General Providing Co. v. EisentragerAppellate Terms of the Supreme Court of New York · 1900
- Boston Woven Hose & Rubber Co. v. JacksonAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Thornton v. BellAppellate Division of the Supreme Court of the State of New York · 1914
- Thornton v. BellAppellate Division of the Supreme Court of the State of New York · 1914