Hutchinson v. Bien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin Bien, as receiver of the busi- • ness and property of Hazard, Hazard & Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of tlie clerk of the county of Kings on the 23d day of February, 1905.
1Opinion of the Court
Miller, J. :
This is an appeal from an order granting the plaintiff’s motion for judgment on the answer as frivolous. The answer is as follows: “ I. On information and belief, he denies the allegations as alleged in paragraphs II, III and IV of the complaint herein.”
The vice of this answer is found in the words “as alleged,” which limit the denial to the form of the allegations of the complaint instead of denying the substance. Such a denial is clearly bad upon mere inspection, and the order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements.
Hirschberg, P.…
2Cited by3 opinions
- Trachtenberg v. Converse & Co.New York Supreme Court · 1919
- Martin v. SmithAppellate Division of the Supreme Court of the State of New York · 1908
- Martin v. SmithAppellate Division of the Supreme Court of the State of New York · 1908