Sbarboro v. Health Department
Appellate Division of the Supreme Court of the State of New York
Appeal by the, plaintiff, Augustus Sbarboro, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of .New York on the 25th day of January, 1898, upon the decision of the court rendered after a trial at’ the New York Special Term, overruling the plaintiff’s demurrer to the matter contained in the 2d paragraph of the defendants’ answer, on the ground that it is insufficient in law upon the face thereof, and also from…
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Appeal by the, plaintiff, Augustus Sbarboro, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of .New York on the 25th day of January, 1898, upon the decision of the court rendered after a trial at’ the New York Special Term, overruling the plaintiff’s demurrer to the matter contained in the 2d paragraph of the defendants’ answer, on the ground that it is insufficient in law upon the face thereof, and also from an order entered in said clerk’s office on the 24th day of January, 1898, directing the entry of said judgment. This is…
1Opinion of the Court
Barrett, J.:
The plea in question must oe treated independently. The rule is well settled that a defense which is separately pleaded as a distinct defense must be in itself complete, and must contain all that is necessary to answer' the whole cause of action, or that part thereof which it purports to answer. (The Xenia Branch of the State Bank of Ohio v. Lee, 2 Bosw. 694; Ritchie v. Garrison, 10 Abb. Pr. 246; Jackson, Recr., v. Van Slyke, 44 Barb. 116, note.)
This rule does not tend to prolixity. Allegations of fact which form a part of several defenses may be once stated, and be thereafter…
2Cases cited12 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- McKyring v. . BullNew York Court of Appeals · 1857
- Austin v. . GoodrichNew York Court of Appeals · 1872
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Underwood v. . GreenNew York Court of Appeals · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
- Hearst v. New Yorker Staats ZeitungNew York Supreme Court · 1911
- Mott v. De NiscoAppellate Division of the Supreme Court of the State of New York · 1905
- Outcault v. BonheurAppellate Division of the Supreme Court of the State of New York · 1907
- Fletcher v. MacGinnissAppellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.