Fredericks v. . Taylor
New York Court of Appeals
Appeal from a judgment. Charles D. Fredericks sued Oliver D. Taylor in the Yew York common pleas for money lent, in the sum of one thousand seven hundred and twenty-five dollars and forty-six cents. The complaint simply alleged two loans, and the promise, and subsequent refusal to repay them. The answer, besides a general denial, contained several other separate defenses, of which the following sufficiently shows the question now raised. “ Third.
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Appeal from a judgment. Charles D. Fredericks sued Oliver D. Taylor in the Yew York common pleas for money lent, in the sum of one thousand seven hundred and twenty-five dollars and forty-six cents. The complaint simply alleged two loans, and the promise, and subsequent refusal to repay them. The answer, besides a general denial, contained several other separate defenses, of which the following sufficiently shows the question now raised. “ Third. As a further and distinct defense, the defendant alleges: "That the consideration for the said drafts, and each of them was, if there was any…
1Opinion of the Court
By the Court.—Grover, J.
It is insisted by the counsel for the respondent that it was in the discretion of the court whether to hear and determine the motion of the appellant, or leave him to the remedy of returning the answer served, as void for want of a verification, and of entering judgment for want of an answer; and that, therefore, the order is not appealable ro this court. If correct in the premises, he is in the conclusion {Code, § 11, subd. 4). If it was in the discretion of the court whether or not, upon motion, to determine whether the answer must be verified, the order denying the…
2Cited by6 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Curran v. PeglerNew York Supreme Court · 1959
- Lange v. HirschAppellate Division of the Supreme Court of the State of New York · 1899
- Lange v. HirschAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. RathbunNew York Supreme Court · 1878
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