Rankin v. Bush-Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry K. Bush-Brown, 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 12th day of August, 1905, granting the plaintiff’s motion to'strike out certain allegations of the appellant’s answer as irrelevant and redundant.
1Opinion of the Court
Ingraham, J.:
Without expressing any opinion upon the relevancy of the facts alleged in the answer, which were stricken out by the court below as irrelevant, as a defense to thei plaintiff’s cause of action, I do not - think that these allegations are so plainly irrelevant as to justify the court in striking them out. This answering defendant is a surety *295upon a bond given to the Elmira National Bank by John J. Bush, who was its cashier. The portions of the answer stricken out substantially determined the sufficiency of a separate defense, and that question should be determined by demurrer, or…
2Cases cited1 opinion
- Smith v. American Turquoise Co.New York Supreme Court · 1894
3Cited by1 opinion
- City Real Estate Co. v. KingAppellate Division of the Supreme Court of the State of New York · 1907