Legal Opinion
Barrie v. Vorston
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1898Published
Appeal from special term, New York county. Action by George Barrie and another, doing business under the name of Barrie & Sons, against John C. Yorston, doing business under the name of John C. Yorston & Co. From an order striking out the answer as sham and frivolous, defendant appeals.
1Per curiam
This action is brought on a foreign judgment. In the fourth paragraph of the complaint is the allegation in reference to obtaining the judgment; and in the fifth paragraph, the allegation that no part thereof has been paid. The answer, which is short, may be given in full:
“The defendant answers the complaint, by Campbell & Hance, his attorneys, and alleges upon information and belief: (1) That he denies all of the allegations in paragraphs 4 and 5 of the complaint. Wherefore defendant demands that the complaint be dismissed, with costs.”
It will be seen that there is thus put in issue the…
2Cases cited2 opinions
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Albany County Bank v. RiderNew York Supreme Court · 1893