Carpenter v. Bell
The Superior Court of New York City
Appeal from an order striking out the third and fourth defences from the defendants’ answer. The action was brought against William J. Bell, Robert Courtney, and Samuel A. Hill, to recover from them $8,200, alleged to be due tp the plaintiff from them, for stock sold by them as his brokers.
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Appeal from an order striking out the third and fourth defences from the defendants’ answer. The action was brought against William J. Bell, Robert Courtney, and Samuel A. Hill, to recover from them $8,200, alleged to be due tp the plaintiff from them, for stock sold by them as his brokers. The answer of the defendants admitted that there was 'a balance of $5,528.70 due from them, upon the transactions stated in the complaint. -For the third and fourth defences it alleged, “ 3. That on or about the 12th day of June, 1862, one Nathaniel A. Cowdrey duly recovered in this court a judgment…
1Opinion of the Court
By the Court.*—Bosworth, C. J.
Appeal by the defend*262ants from an order, dated October 1, 1863, striking out the defences marked third and fourth as irrelevant and frivolous.
There is no provision in the Code authorizing a defence to be stricken out as frivolous. Sham and irrelevant answers and defences may be stricken out. (Code, § 152.) A plaintiff may demur to an answer containing new matter, where, upon its face, it does not constitute a counter-claim or defence; and á plaintiff may demur to one or more of such defences. (Ib., § 153.) If an answer be frivolous, the plaintiff may move for…
2Cases cited6 opinions
- Briggs v. . BergenNew York Court of Appeals · 1861
- Covell v. WestonNew York Supreme Court · 1823
- Boyd v. WeeksNew York Supreme Court · 1845
- Kurtz v. McGuireThe Superior Court of New York City · 1856
- Lyon v. BrooksNew York Court of Chancery · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ferris v. TannebaumNew York Court of Common Pleas · 1891
- Reimer v. DoergeNew York Marine Court · 1881
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- O'Rourke v. . HadcockNew York Court of Appeals · 1889
- Tutty v. RyanWyoming Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.