Moot v. Bailey
99 N.Y.S. 1142
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Moot v. Bailey, 99 N.Y.S. 1142 (N.Y. Ct. App. 1906).
99 N.Y.S. 1142 (Moot v. Bailey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Douglass v. Phenix Insurance
33 N.E. 938 (New York Court of Appeals, 1893)