Legal Opinion

Winchester v. Browne

New York Supreme Court

Decided August 15, 1890Published

Action by George O. Winchester against T. Quincy Browne. Defendant, moves to have the reply made more definite and certain. For former reports^ see 4 U. Y. Supp. 155, 6 U. Y. Supp. 913, 7 1ST. Y. Supp. 550, 8 N. Y. Supp. 82.

1Opinion of the CourtAndrews, J.

The plaintiff’s attorney has certainly shown great ingenuity in seeking to find a way to avoid compliance with the order, which directed-the plaintiff to serve a reply to certain new matters set up in the answer. Many of the allegations of the answer, to which the plaintiff was required to serve a reply, consisted of allegations of fact which were presumptively within the knowledge of the plaintiff. It is charged, and not denied, that the-plaintiff came to this city from another state, and conferred with his attorney in regard to the preparation of the reply; that the attorney thereupon drew…

2Cases cited1 opinion

  1. Scofield v. DemorestNew York Supreme Court · 1889

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API