From Casetext: Smarter Legal Research

HUTCHINSON v. BIEN

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1905
104 App. Div. 214 (N.Y. App. Div. 1905)

Opinion

April, 1905.

Josiah Canter, for the appellant.

David K. Case, for the respondent.


This is an appeal from an order granting the plaintiff's motion for judgment on the answer as frivolous. The answer is as follows: "I. On information and belief, he denies the allegations as alleged in paragraphs II, III and IV of the complaint herein."

The vice of this answer is found in the words " as alleged," which limit the denial to the form of the allegations of the complaint instead of denying the substance. Such a denial is clearly bad upon mere inspection, and the order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements.

HIRSCHBERG, P.J., BARTLETT, JENKS and RICH, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

HUTCHINSON v. BIEN

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1905
104 App. Div. 214 (N.Y. App. Div. 1905)
Case details for

HUTCHINSON v. BIEN

Case Details

Full title:DAVID W. HUTCHINSON, Respondent, v . FRANKLIN BIEN, as Receiver of the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1905

Citations

104 App. Div. 214 (N.Y. App. Div. 1905)
93 N.Y.S. 216

Citing Cases

Martin v. Smith

June, 1908. Order affirmed, with ten dollars costs and disbursements on authority of Hutchinson v. Bien ( 104…