Cavanagh v. Ocean Steam Nav. Co.

New York Supreme Court

Cavanagh v. Ocean Steam Nav. Co.

12 N.Y.S. 609, 35 N.Y. St. Rep. 992, 58 Hun 610, 1890 N.Y. Misc. LEXIS 2635

DecidedDecember 29, 1890

StatusPublished

This text of 12 N.Y.S. 609 (Cavanagh v. Ocean Steam Nav. Co.) 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

Cavanagh v. Ocean Steam Nav. Co., 12 N.Y.S. 609, 35 N.Y. St. Rep. 992, 58 Hun 610, 1890 N.Y. Misc. LEXIS 2635 (N.Y. Super. Ct. 1890).

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Opinions

Van Brunt, P. J.

The learned counsel for the plaintiff is entirely mistaken in supposing that due deliberation was not had before the decision in this case was announced, because of the large number of other cases which were decided at the same time. We see no reason to modify anything that was said in that opinion, which in our opinion characterized in none too harsh terms what seems to us to be reckless swearing to a pleading of the most reprehensible kind. The rules as to the verification of the method of allegation and denial in pleadings are liberal enough to enable any party truthfully to raise any issue without requiring that resort should be had to manifestly false allegation. The motion for a new trial should be denied, with $10 costs.

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Van Brunt, P. J.

The learned counsel for the plaintiff is entirely mistaken in supposing that due deliberation was not had before the decision in this case was announced, because of the large number of other cases which were decided at the same time. We see no reason to modify anything that was said in that opinion, which in our opinion characterized in none too harsh terms what seems to us to be reckless swearing to a pleading of the most reprehensible kind. The rules as to the verification of the method of allegation and denial in pleadings are liberal enough to enable any party truthfully to raise any issue without requiring that resort should be had to manifestly false allegation. The motion for a new trial should be denied, with $10 costs.

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Bluebook (online)

12 N.Y.S. 609, 35 N.Y. St. Rep. 992, 58 Hun 610, 1890 N.Y. Misc. LEXIS 2635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavanagh-v-ocean-steam-nav-co-nysupct-1890.