Hutchinson v. Bien

Appellate Division of the Supreme Court of New York

Hutchinson v. Bien

104 A.D. 214, 93 N.Y.S. 216

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1905

StatusPublished

Cited by3 cases

This text of 104 A.D. 214 (Hutchinson v. Bien) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchinson v. Bien, 104 A.D. 214, 93 N.Y.S. 216 (N.Y. Ct. App. 1905).

Pincite

Opinion

Miller, J. :

This is an appeal from an order granting the plaintiff’s motion for judgment on the answer as frivolous. The answer is as follows: “ I. On information and belief, he denies the allegations as alleged in paragraphs II, III and IV of the complaint herein.”

The vice of this answer is found in the words “as alleged,” which limit the denial to the form of the allegations of the complaint instead of denying the substance. Such a denial is clearly bad upon mere inspection, and the order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements.

Hirschberg, P. J., Bartlett, Jenks. and Rich, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.

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