Lopp v. Lopp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Washington Lopp, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of March, 1920, striking out the denials contained in the first and second defensese of the answer.
1Opinion of the Court
Page, J.:
Instead of containing denials of the material allegations of the causes of action in the complaint in the usual manner, the answer sets up these denials under the captions of a “ first defense ” and a “ second defense,” coupled with a statement of evidentiary matter, designed to explain the denials, which have no proper place in a pleading.
Strictly speaking, a denial is not a defense. It merely puts in issue the allegations of the complaint. Thereby the defendant says the facts you allege are not true. The issue is then simply are' the facts alleged by the plaintiff' true. The burden…
2Cases cited2 opinions
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
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