Gutta-Percha & Rubber Manufacturing Co. v. Holman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles J. Holman, as treasurer, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of April, 1912, as resettled by an order entered on the 26th day of April, 1912, denying in part the defendant’s motion to¡ strike out certain allegations of the complaint as irrelevant and redundant.
1Opinion of the Court
Scott, J.:
Meritorious motions to strike out portions of pleadings for irrelevancy and redundancy are by no means rare, but we are seldom confronted with a complaint more open to such attack than is the one now under consideration. The learned justice at Special Term exhibited both self restraint and charity when *679he said of it: “ It is unscientifically drawn and contains matters of evidence, conclusions of law and fact, and even some argumentation.” He struck out some portions of it, and in our opinion might well have stricken out more.
It certainly departs widely from' the requirements of the…
2Cases cited1 opinion
- Kolb v. MortimerAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by19 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- New York Dock Co. v. McCollumNew York Supreme Court · 1939
- Tankoos v. Conford Realty Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Merrick v. New York Subways Advertising Co.New York Supreme Court · 1958
- Hayward Farms Co. v. Union Savings Bank & Trust Co.Supreme Court of Minnesota · 1935
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