Fayerweather v. United Dressed-Beef Co.

U.S. Circuit Court for the District of Southern New York

Fayerweather v. United Dressed-Beef Co.

100 F. 572, 1900 U.S. App. LEXIS 5118

CourtU.S. Circuit Court for the District of Southern New York

DecidedFebruary 17, 1900

StatusPublished

This text of 100 F. 572 (Fayerweather v. United Dressed-Beef Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fayerweather v. United Dressed-Beef Co., 100 F. 572, 1900 U.S. App. LEXIS 5118 (circtsdny 1900).

Pincite

Opinion

LA.COMBE, Circuit Judge.

The defendant is needlessly alarmed. This court is not astute to overrule meritorious defenses upon any hypercritical refinements of pleading. If the various “defenses” set up in the new matter pleaded in the answer are legally sufficient, there is no likelihood of their being held bad, even on demurrer, because they do not repeat denials of the legal conclusions contained in the fourth, fifth, and sixth paragraphs. On the other hand, to add to each separate defense a denial of the diverse citizenship of the parties, of the death of Daniel B. Eayerweather, and of the relationship to him of the plaintiff would make it impossible to test the legal sufficiency of such separate defense by demurrer. The motion is granted.

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LA.COMBE, Circuit Judge.

The defendant is needlessly alarmed. This court is not astute to overrule meritorious defenses upon any hypercritical refinements of pleading. If the various “defenses” set up in the new matter pleaded in the answer are legally sufficient, there is no likelihood of their being held bad, even on demurrer, because they do not repeat denials of the legal conclusions contained in the fourth, fifth, and sixth paragraphs. On the other hand, to add to each separate defense a denial of the diverse citizenship of the parties, of the death of Daniel B. Eayerweather, and of the relationship to him of the plaintiff would make it impossible to test the legal sufficiency of such separate defense by demurrer. The motion is granted.

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Bluebook (online)

100 F. 572, 1900 U.S. App. LEXIS 5118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fayerweather-v-united-dressed-beef-co-circtsdny-1900.