Carpenter & Wilcox v. West & Van Benthuysen
New York Supreme Court
This was a motion to strike out those parts of the complaint which purport to set out portions of two affidavits. And also another part in which the plaintiff Carpenter, “ expressly charges and alleges that the said defendants (West & Van Benthuysen), some one or both of them, have been guilty of the crime of forgery, in crossing and obliterating the aforesaid endorsement made upon the aforesaid note with a pencil; and that the same was done to cheat and defraud the…
Read the full summary
This was a motion to strike out those parts of the complaint which purport to set out portions of two affidavits. And also another part in which the plaintiff Carpenter, “ expressly charges and alleges that the said defendants (West & Van Benthuysen), some one or both of them, have been guilty of the crime of forgery, in crossing and obliterating the aforesaid endorsement made upon the aforesaid note with a pencil; and that the same was done to cheat and defraud the plaintiffs in this suit, and that the defendants have been guilty of other dishonest and fraudulent acts in obtaining the…
1Opinion of the Court
Hand, Justice.
“If irrelevant or redundant matter be inserted in a pleading, it may be stricken out on motion of any person aggrieved thereby” (Code, § 160). If this clause does not include scandalous and impertinent matter, it contains no prohibition, and they may still be struck out of a pleading. The old practice in this respect yet exists (Code, 469; Rule 92). It would be monstrous if there were no mode of purifying the record by expunging scandalous matter. It can not be done by demurrer (1 Dan. Practice, 401; Code, § 144). By “irrelevant or redundant” in the Code, I take it is meant,…
2Cases cited2 opinions
- Hawley v. WolvertonNew York Court of Chancery · 1836
- Somers v. TorreyNew York Court of Chancery · 1835
3Cited by4 opinions
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Armstrong v. PhillipsNew York Supreme Court · 1891
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
- Mussina v. ClarkNew York Supreme Court · 1863