Malcolm v. Lyon
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Samuel Malcolm and another against Dore Lyon to recover for ■work and labor performed, and materials furnished. Plaintiffs had judgment on report of the referee, and defendant appeals.
1Opinion of the CourtPryor, J.
Except as to the partnership of the plaintiffs, the pleadings present no issue for trial. The answer purports to be a general denial, but that denial is coupled with the condition, “except as qualified by the offer of judgment.” Since the case contains no offer of judgment, it is impossible ¡to perceive the scope and application of the attempted traverse. Again, the .answer was amended by inserting the paragraph, that, “with the exception •of the matters admitted to be due in paragraph second hereof, the defendant .alleges payment by him of the items set forth in the bill of particulars with…
2Cases cited1 opinion
- Bergmann v. . JonesNew York Court of Appeals · 1883
3Cited by7 opinions
- Frankel v. WolfNew York Court of Common Pleas · 1894
- Kuhn v. American Automatic Knife & Novelty Co.New York Court of Common Pleas · 1894
- Schwann v. ClarkNew York Court of Common Pleas · 1894
- Clark v. SmithNew York Court of Common Pleas · 1894
- Baber v. Broadway & S. A. RailroadNew York Court of Common Pleas · 1895
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