Garrett v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lena Garrett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the ■ clerk of the county of Albany on the 8th day of November, 1897, upon the decision of the court rendered after a trial at the Greene Special Term overruling the plaintiff’s demurrer to the second and third defenses set up. in the defendant’s amended answer, and also from an order entered in said clerk’s office on the 8th day of November, 1897,…
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Appeal by the plaintiff, Lena Garrett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the ■ clerk of the county of Albany on the 8th day of November, 1897, upon the decision of the court rendered after a trial at the Greene Special Term overruling the plaintiff’s demurrer to the second and third defenses set up. in the defendant’s amended answer, and also from an order entered in said clerk’s office on the 8th day of November, 1897, directing the entry .of said judgment. The action is against the defendant as the executor of Bradford R. Wood,…
1Opinion of the Court
Parker, P. J.:
If the statement in the second defense, that “the defendant reaffirms all the allegations and denials contained in the first, second *314and third paragraphs of this answer,” requires us to read into that second defense all such allegations and denials as a part thereof, then such second defense, although abominable pleading, is not demurrable. In that event it contains a denial of all the averments contained in the complaint (except that defendant is an executor as therein charged), and, therefore, it is not “ insufficient in law ” as a defense.
Several defenses may be separately…
2Cases cited2 opinions
- Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858
- Simmons v. FairchildNew York Supreme Court · 1864
3Cited by6 opinions
- Haffen v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1908
- Davenport v. WalkerAppellate Division of the Supreme Court of the State of New York · 1909
- Blumenfeld v. StineNew York Supreme Court · 1904
- Royal Bank v. GoldschmidtAppellate Terms of the Supreme Court of New York · 1906
- Recknagel v. SteinwayNew York Supreme Court · 1901
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