Snyder v. White
New York Supreme Court
Motion to strike out amended answer. The action is on two promissory notes, made by the defendant, dated August 22d 1848, payable to Richard Lusk and Charles Toll, assignees of D. C. Lusk & Co. or bearer; one for $100, payable July 1st, 1850, and interest annually; the other for $90-21, payable to the same persons, September 1st 1850. The complaint was verified January 27th, 1851, and alleges that the notes were duly transferred to the plaintiff, and that he is the holder…
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Motion to strike out amended answer. The action is on two promissory notes, made by the defendant, dated August 22d 1848, payable to Richard Lusk and Charles Toll, assignees of D. C. Lusk & Co. or bearer; one for $100, payable July 1st, 1850, and interest annually; the other for $90-21, payable to the same persons, September 1st 1850. The complaint was verified January 27th, 1851, and alleges that the notes were duly transferred to the plaintiff, and that he is the holder and owner thereof. The defendant put in an answer which was verified July 26th, 1851, in which the making of the notes was…
1Opinion of the Court
Welles, Justice.
The motion to strike out the- amended an-, swer must be granted. I agree with the plaintiff’s counsel, that it is identical, in legal; effect, with the original answer. The. issue upon the question of the transfer to and ownership by the plaintiff of the notes upon which the action is brought, was well and sufficiently formed by the first answer. In, the case of the*324Genesee Mutual Insurance Co. agt. Moynihen (5 How. Pr. R. 321), I held that an answer to a material fact stated in the complaint, denying sufficient knowledge.or information thereof to form a belief, made a good…
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- Horvath v. BrettschneiderNew York City Court · 1928
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