Lane v. Gilbert
New York Supreme Court
Motion to strike out matter as redundant or irrelevant. The- action is for an assault and battery. The defendant in his answer states, that “the plaintiff is a tailor by trade, and keeps a shop in Broadway, in the village of Saratoga Springs; that on the 21st of January, 1854, the defendant entered the said shop for the purpose of transacting certain business with the said plaintiff, as he lawfully might do ; that while in the said shop engaged in transacting such business…
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Motion to strike out matter as redundant or irrelevant. The- action is for an assault and battery. The defendant in his answer states, that “the plaintiff is a tailor by trade, and keeps a shop in Broadway, in the village of Saratoga Springs; that on the 21st of January, 1854, the defendant entered the said shop for the purpose of transacting certain business with the said plaintiff, as he lawfully might do ; that while in the said shop engaged in transacting such business with the plaintiff, he, the plaintiff, without just cause, addressed abusive, insulting, and inflammatory language to the…
1Opinion of the Court
Harris, Justice.
The plaintiff has stated, as his cause of action, that the defendant violently assaulted and beat him. The defendant, if he would interpose a legal defence, was required either to deny some allegation in the complaint essential to the cause of action, or, if he could not do this, to state some new matter in justification of what he had done. Has he done either 1 If I have understood the import of the answer it amounts to this, that the defendant had no intention to commit the alleged assault and battery, and whether he did so in fact, he is unable to say; But, conceding that…
2Cited by4 opinions
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Thompson v. LumleyNew York Court of Common Pleas · 1877
- United States v. OrdwayUnited States Circuit Court · 1887
- Duffus v. BangsNew York Supreme Court · 1891