Ward v. Comegys

This is a motion by the defendant Riggs to strike out a reply served by the plaintiff to his answer, on the ground that the defenses in the answer to which the reply is interposed do not constitute a counter-claim, and that the court has not directed a reply to be served. In the answer, none of the matters which are set up as defenses are characterized as counter-claims, but in each and every instance it is alleged that such matters are pleaded as a separate and distinct defense. In the case of the Equitable Life Assurance Society agt. Cuyler (75 N. Y., 511), the courts say: “ The answer…