Moot v. Bailey

Appellate Division of the Supreme Court of New York

Moot v. Bailey

99 N.Y.S. 1142

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

DecidedMay 9, 1906

StatusPublished

This text of 99 N.Y.S. 1142 (Moot v. Bailey) 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

Moot v. Bailey, 99 N.Y.S. 1142 (N.Y. Ct. App. 1906).

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Opinion

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, •with $10 costs. Held, that the denial set forth in the fourth paragraph of the answer, being a necessary part of the affirmative defense therein alleged, should not have been stricken out. See Douglass v. Phoenix Ins. Co., 138 N. Y. 209, 33 N. E. 938, 20 L. R. A. 118, 34 Am. St. Rep. 448.

SPRING and KRUSE, JJ., dissent.

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PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, •with $10 costs. Held, that the denial set forth in the fourth paragraph of the answer, being a necessary part of the affirmative defense therein alleged, should not have been stricken out. See Douglass v. Phoenix Ins. Co., 138 N. Y. 209, 33 N. E. 938, 20 L. R. A. 118, 34 Am. St. Rep. 448.

SPRING and KRUSE, JJ., dissent.

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Bluebook (online)

99 N.Y.S. 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moot-v-bailey-nyappdiv-1906.

Opinion

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