Atkiengesellschaft Arnold B. Heine & Co. v. Newmark

Appellate Terms of the Supreme Court of New York

Atkiengesellschaft Arnold B. Heine & Co. v. Newmark

65 Misc. 51, 119 N.Y.S. 191

Appellate Terms of the Supreme Court of New York·Decided November 15, 1909·Published·Cited by 1 cases

Opinion

Per Curiam.

The defendant appeals from so much of the order of the court below as strikes out the second defense [52] contained in the answer. The action is upon a promissory note. The defense which has been .stricken out as sham pleads that the note is without consideration.

An affirmative defense, when duly verified, cannot 'be stricken out as sham, unless the defendant’s own affidavits show that the verified answer is false.

The part of the order appealed from is reversed, with ten dollars costs and disbursements.

Present: Gildersleeve, Seabury and Lehman, JJ.

Order reversed, with ten dollars cost and disbursements.

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Per Curiam.

The defendant appeals from so much of the order of the court below as strikes out the second defense [52] contained in the answer. The action is upon a promissory note. The defense which has been .stricken out as sham pleads that the note is without consideration.

An affirmative defense, when duly verified, cannot 'be stricken out as sham, unless the defendant’s own affidavits show that the verified answer is false.

The part of the order appealed from is reversed, with ten dollars costs and disbursements.

Present: Gildersleeve, Seabury and Lehman, JJ.

Order reversed, with ten dollars cost and disbursements.

Atkiengesellschaft Arnold B. Heine & Co. v. Newmark, 65 Misc. 51, 119 N.Y.S. 191 (N.Y. Ct. App. 1909).

Pincite

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Opinion

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