Keon v. Saxton & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order modified by denying the motion to strike out the first unnumbered defense (paragraphs 1 to 7, inclusive) and the second unnumbered defense" (paragraphs 8 and 9), and as so modified affirmed, with ten dollars costs and disbursements to appellant. *734(1) The first unnumbered defense sufficiently pleads ultimate facts with respect to claimed want of jurisdiction over defendant in the court rendering the judgment set out in the complaint-, which defense is available to defendant. (Scanlon v. Kuehn, 225 App. Div. 256.) (2) The same is true with respect to the second unnumbered defense, which…
2Cases cited4 opinions
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Scanlon v. KuehnAppellate Division of the Supreme Court of the State of New York · 1929
- Wenk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Frisch v. Zelart Drug Co.City of New York Municipal Court · 1943
- Industrial Capital Co. v. HaimsAppellate Division of the Supreme Court of the State of New York · 1957
- State Ex Rel. Freebourn v. Merchants' Credit Service, Inc.Montana Supreme Court · 1937