Kraus v. Agnew
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York county. Action by Maurice A. Kraus against Lee A. Agnew. From an interlocutory judgment sustaining a demurrer to a defense in the answer, defendant appeals.
1DissentLaughlin, J.
The facts alleged in the separate defense could have been proved under the general denial; consequently this part of the pleading is redundant, and might have been stricken out upon motion if the plaintiff were aggrieved thereby. Uggla v. Brokaw (Sup.) 79 N. Y. Supp. 244. Upon this demurrer, however, the matter cannot be deemed redundant, for we are not at liberty to consider the general denial contained in the fore part of the pleading for the purpose of determining the sufficiency of the separate answer to which the demurrer is directed. Douglass v. Phœnix Ins. Co., 138 N. Y. 209, 33 N. E.…
2Cases cited10 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Clark v. . DillonNew York Court of Appeals · 1884
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Smith v. . CoeNew York Court of Appeals · 1902
5 more not listed; retrieve them via the Exa API.