Liberty Lumber Co. v. Pye

In this action for goods sold and

delivered, the oral answer reads:

‘ ‘ 1. General Denial

“ 2. That the defendant is not a partnership but a corporation formed under and pursuant to the Laws State of New York.”

In effect, the defendants have pleaded affirmatively what they sought to prove, i.e., that they acted as agents for a disclosed principal, to wit, the corporation, and are not liable either as individuals or as partners. The sole remaining question here, all other matters having been determined in favor of the plaintiff, involves placing the burden of persuasion as to the second defense.

A…