Abt-Bernot, Inc. v. Holland-American Line

New York Supreme Court

Abt-Bernot, Inc. v. Holland-American Line

126 Misc. 7, 211 N.Y.S. 736, 1925 N.Y. Misc. LEXIS 1024

DecidedApril 3, 1925

StatusPublished

This text of 126 Misc. 7 (Abt-Bernot, Inc. v. Holland-American Line) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abt-Bernot, Inc. v. Holland-American Line, 126 Misc. 7, 211 N.Y.S. 736, 1925 N.Y. Misc. LEXIS 1024 (N.Y. Super. Ct. 1925).

Pincite

Opinion

Wagner, J.

The defense set up in paragraph 8 of the answer is insufficient because it is hypothetical, and because it is a plea in the alternative, and because it fails to set forth the ultimate facts upon which defendant relies to be relieved of liability.

The plea of confession and avoidance requires a definite admission and a statement of ultimate facts which, if established, exonerate the defendant of liability.

The motion to strike out paragraph 8 is granted, with leave to defendant to serve an amended answer within twenty days.

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Wagner, J.

The defense set up in paragraph 8 of the answer is insufficient because it is hypothetical, and because it is a plea in the alternative, and because it fails to set forth the ultimate facts upon which defendant relies to be relieved of liability.

The plea of confession and avoidance requires a definite admission and a statement of ultimate facts which, if established, exonerate the defendant of liability.

The motion to strike out paragraph 8 is granted, with leave to defendant to serve an amended answer within twenty days.

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Bluebook (online)

126 Misc. 7, 211 N.Y.S. 736, 1925 N.Y. Misc. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abt-bernot-inc-v-holland-american-line-nysupct-1925.