Pacific Insurance v. Hodgkinson

The complaint violates the provisions of section 241 of the Civil Practice Act in failing to contain a plain and concise statement of the material facts. Instead it contains a detailed recital of the evidentiary facts upon which, presumably, plaintiff intends to rely. Moreover, the complaint in alleging in its twenty-third paragraph that plaintiff denies liability under its policy upon grounds, “ among others ”, that defendant Paul Hodgkinson was not a resident of the household of the named insured fails to tender an issue which would be determinative of the liabilities between the parties.…