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

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1909

StatusPublished

Cited by1 cases

This text of 65 Misc. 51 (Atkiengesellschaft Arnold B. Heine & Co. v. Newmark) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

Per Curiam.

The defendant appeals from so much of the order of the court below as strikes out the second defense [52]*52contained 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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