Brassington v. Rohrs
New York Court of Common Pleas
Appeal from city court, general term. Action by John D. Brassington against Frederick Bohrs (impleaded with Charles Bylin) on a promissory note executed by Bohrs to Bylin, and by the latter transferred to plaintiff. From a judgment of the general term, (20 1ST. Y. Supp. 659, 990,) affirming a judgment sustaining a demurrer to part of the answer, denying a motion to vacate said judgment, and affirming an order striking out defendant’s answer as sham, the latter appeals.
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Appeal from city court, general term. Action by John D. Brassington against Frederick Bohrs (impleaded with Charles Bylin) on a promissory note executed by Bohrs to Bylin, and by the latter transferred to plaintiff. From a judgment of the general term, (20 1ST. Y. Supp. 659, 990,) affirming a judgment sustaining a demurrer to part of the answer, denying a motion to vacate said judgment, and affirming an order striking out defendant’s answer as sham, the latter appeals. Affirmed. Tlie action was commenced in the city court on July 19, 1892, to recover upon a promissory note for $300, dated…
1Opinion of the CourtDaly, C. J.
The defendant’s principal grievance seems to be that, after both parties had noticed the cause for trial upon the answer served, the plaintiff disregarded such notice on his own part, as well as his adversary’s, and proceeded to demur to one portion of the answer, and, after obtaining judgment in his favor as to that, moved to strike out the rest of the answer as sham, and so disposed of the whole defense before the term for which the case was originally noticed. It seems to be clear under the authorities that the plaintiff might disregard his own notice of trial and his adversary’s, and…
2Cases cited2 opinions
- Adams v. WardNew York Supreme Court · 1881
- Thompson v. KearneyNew York Court of Common Pleas · 1887
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