Legal Opinion

Merchants National Bank v. R. Prescott & Son, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1929Published

1DissentDavis, J.

It is difficult to discover and condense the theory of the defense contained in the ninety-six pages of affidavits by defendant’s officers and the one hundred page briefs of its counsel. We have heretofore in this same case expressed our opinion of such redundancy (223 App. Div. 194). The rule applies alike to motion papers and pleadings. (Allen v. Fink, 211 App. Div. 411, 413.) It is better to state simple facts in a plain and concise manner, rather than by long, turbid repetitions. It makes the work of the court more easy; and there is less likelihood that something of importance may be…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Smith v. . DotterweichNew York Court of Appeals · 1911
  2. Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
  3. Garfield National Bank v. ColwellNew York Supreme Court · 1890
  4. Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
  5. Merchants National Bank of Plattsburgh v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1928

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