Sheldon v. Sabin
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, reversing a judgment of that court entered upon a dismissal of the complaint at the trial. The action was brought on an undertaking given by the defendants, upon the issuing of an attachment.
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Appeal from a judgment of the General Term of the Marine Court of the city of New York, reversing a judgment of that court entered upon a dismissal of the complaint at the trial. The action was brought on an undertaking given by the defendants, upon the issuing of an attachment. The answer of the defendant Sabin admits the making, “ and as to all the other allegations, this defendant denies the same either upon his own knowledge, or as not having any knowledge or information thereof sufficient to form a belief in respect to the same.” The plaintiffs counsel at the trial moved for judgment on…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—An 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 belief ” (Code Civ. Pro. § 500). The denial in this answer is not within the requirements of this rule. It is impossible to distinguish the allegations denied upon knowledge, from those denied from a want of knowledge or information sufficient to form a belief. The plaintiff "would be entitled to relief, if the answer denied, from want of knowledge or information,…
2Cases cited5 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Drummond v. . HussonNew York Court of Appeals · 1856
- Poppenhusen v. SeeleyNew York Court of Appeals · 1866
- Cheesbrough v. AgateNew York Supreme Court · 1858
- Poppenhusen v. SeeleyNew York Supreme Court · 1864