Thorn & Maynard v. New-York Central Mills
New York Supreme Court
The complaint in this ■case is upon a promissory note alleged to have been executed to the plaintiffs as the payees thereof, by an agent of the defendant thereto duly authorized, containing the usual allegation ■of nonpayment, and demanding judgment for the amount thereof. The complaint was duly verified.
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The complaint in this ■case is upon a promissory note alleged to have been executed to the plaintiffs as the payees thereof, by an agent of the defendant thereto duly authorized, containing the usual allegation ■of nonpayment, and demanding judgment for the amount thereof. The complaint was duly verified. The defendant put in the following answer: “ This defendant has no knowledge or information sufficient to form a belief that it did at the time, for that purpose stated in the complaint by its authorized agent, make its promissory note, by the name, and for the amount, and as is in this…
1Opinion of the Court
Bacon, Justice.
The defendant insists that the answer in this case is fully authorized by § 149 of the Code, which provides, that the answer must contain “ a general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a beliefand it is claimed that the Code has given a party an election in all cases to answer in one or the other of these modes, as he may be advised. I cannot acquiesce in this construction of the Code. It would make the rules of pleading far more loose and indeterminate than…
2Cases cited5 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Mier v. CartledgeNew York Supreme Court · 1850
- Caswell v. BushnellNew York Supreme Court · 1852
- Sloan v. LittleNew York Court of Chancery · 1831
3Cited by5 opinions
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- MacLay v. SandsSupreme Court of the United States · 1877
- Sands v. MaclayMontana Supreme Court · 1874
- Clark v. DillonNew York Court of Common Pleas · 1882
- Horvath v. BrettschneiderNew York City Court · 1928