Winchester v. Browne
New York Supreme Court
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
- Scofield v. DemorestNew York Supreme Court · 1889