Bennett v. . Leeds Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court, in the first judicial department, entered upon an order made October 5, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order striking out defendant’s answer as frivolous. The nature of the action and the material facts are stated in the opinion. A denial in a verified answer of a material allegation upon information and belief is authorized by the Code. (Code Civ.
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Appeal from judgment of the General Term of the Supreme-Court, in the first judicial department, entered upon an order made October 5, 1885, which affirmed a judgment in favor of plaintiff, entered upon an order striking out defendant’s answer as frivolous. The nature of the action and the material facts are stated in the opinion. A denial in a verified answer of a material allegation upon information and belief is authorized by the Code. (Code Civ. Pro. §§ 500, 524, note, see note to Throop’s Code, § 524; Edward v. Tent, 8 How. Pr. 28 Lloyds v. Burns, 38 Supr. Ct. 424; Pratt Mfg. Co. v. J.…
1Opinion of the CourtAndrews, J.
The defendant was sued upon a contract, which the plaintiff, in his verified complaint alleged, upon information and belief, was made by the corporation. The defendant, in its answer, also verified, denied in like manner, upon information and belief, certain material allegations in the complaint, and the sole question is, whether this form of denial is authorized by subdivision 1 of section 500 of the Code, which declares that the answer must contain “ a general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or intormation…
2Cases cited3 opinions
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- MacLay v. SandsSupreme Court of the United States · 1877
- Macauley v. Bromell & Barkley Printing Co.City of New York Municipal Court · 1884
3Cited by29 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901
- Russell & Co. v. AmundsonNorth Dakota Supreme Court · 1894
- Tooele Meat & Storage Co. v. Eite Candy Co.Utah Supreme Court · 1917
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