Nichols v. Jones
New York Supreme Court
Motion to strike out answer as sham, irrelevant and frivolous. The complaint alleges that on the 23d June 1851, the defendant made and delivered two promissory notes for $200 each, payable in two, and four months; and that the defendant was also indebted on account," for goods sold, in the sum of $684-48; that being a balance of an indebtedness of $1084’48; for a portion of which said notes were given; and prays judgment for the sum of $1084'48, and interest.
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Motion to strike out answer as sham, irrelevant and frivolous. The complaint alleges that on the 23d June 1851, the defendant made and delivered two promissory notes for $200 each, payable in two, and four months; and that the defendant was also indebted on account," for goods sold, in the sum of $684-48; that being a balance of an indebtedness of $1084’48; for a portion of which said notes were given; and prays judgment for the sum of $1084'48, and interest. The answer of the defendant “ shows that he did make” the notes; that the plaintiffs are not the lawful holders thereof; arid that…
1Opinion of the Court
Barculo, Justice.
The threefold aspect of this motion is not a bad illustration of the confused notions entertained by many of the profession, as to the proper mode of getting rid of a bad pleading. The plaintiff’s counsel insists that this answer is sham, or if not, that it is clearly frivolous.; or, at all events, the matter is irrelevant; and upon one of these grounds, it should bestricken out under sections 152, 160 or 247 of the Code.
I propose briefly to examine these several terms, and ascertain whether these remedies really run into each other, or stand distinct and separate.
And first,…
2Cases cited2 opinions
- Mier v. CartledgeNew York Supreme Court · 1850
- Brewster v. HallNew York Supreme Court · 1826
3Cited by6 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- Hemme v. HaysCalifornia Supreme Court · 1880
- First National Bank v. LangSupreme Court of Minnesota · 1905
- Clark v. DillonNew York Court of Common Pleas · 1882
- Kelly v. BarnettNew York Supreme Court · 1857
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