Collins v. Coggill
The Superior Court of New York City
This was an appeal from an order striking out portions of two defenses, (first and second,) and the whole of two others (fourth and fifth) in the answer as false, sham, irrelevant and redundant, and requiring one defense therein (the third) to be made more definite and certain.
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This was an appeal from an order striking out portions of two defenses, (first and second,) and the whole of two others (fourth and fifth) in the answer as false, sham, irrelevant and redundant, and requiring one defense therein (the third) to be made more definite and certain. The action was brought against the defendant as a stockholder in a company, (the European Petroleum,) organized as a mining corporation under the statutes of this state which authorize the formation of corporations for such purposes, in order to render him liable to the extent of the par value of his stock, for a debt…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The order appealed from in this, case not only strikes out two defenses as false and sham, as well as irrelevant and redundant, but also some of the allegations of two other defenses, for the same reasons. Separate allegations or part of a defense cannot be stricken out as sham or false. (Slack v. Cotton, 2 E. D. Smith, 398. Bell v. Ogden, 13 Abb. 93, n.) No such piecemeal mode of trying issues can he tolerated. (Littlejohn v. Greeley, Id. 311.) Hor can a whole defense be stricken out as irrelevant or redundant. Upon an irrelevant defense *89either a judgment may…
2Cases cited1 opinion
- Garrison v. . HoweNew York Court of Appeals · 1858
3Cited by3 opinions
- Choppin v. DauphinSupreme Court of Louisiana · 1904
- Bonvillain v. BourgSupreme Court of Louisiana · 1861
- Smith v. WilliamsLouisiana Court of Appeal · 1925