Mattison v. Smith
The Superior Court of New York City
Appeal by the plaintiffs, from an order denying their motion that the defendant be required to amend his answer. The action was brought by the plaintiffs, in behalf of themselves and all other judgment creditors of William P. Demarest and George A. Middleton, who should come in and contribute to the expenses of the action, for the purpose of setting aside an assignment made by the debtors to one Powers, who was joined with them as a defendant in this action; and also to…
Read the full summary
Appeal by the plaintiffs, from an order denying their motion that the defendant be required to amend his answer. The action was brought by the plaintiffs, in behalf of themselves and all other judgment creditors of William P. Demarest and George A. Middleton, who should come in and contribute to the expenses of the action, for the purpose of setting aside an assignment made by the debtors to one Powers, who was joined with them as a defendant in this action; and also to reach assets alleged to be in the hands of the defendant Smith, and to set aside as fraudulent a judgment he held against…
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
The plaintiffs appeal from an order denying a motion that the defendant Smith be required to amend his answer, by alleging which of the allegations in the complaint he denies, and to make it definite and certain, so that the precise nature of his defence (if any he has) be made apparent.
The answer, exclusive of the title of the action, is in these words, viz., “Edmund A.'Smith, one of the defendants in above action, answering the complaint in said action for himself, denies each and every material allegation in said complaint contained.” The complaint and answer…
2Cases cited1 opinion
- Kellogg v. ChurchNew York Supreme Court · 1850
3Cited by3 opinions
- Hammond v. EarleNew York Supreme Court · 1878
- Clark v. DillonNew York Court of Common Pleas · 1882
- New York Coach & Auto Lamp Co. v. BrownNew York Supreme Court · 1913