National Broadway Bank v. Swift

New York Supreme Court

National Broadway Bank v. Swift

13 N.Y.S. 526, 36 N.Y. St. Rep. 997, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1553

CourtNew York Supreme Court

DecidedFebruary 11, 1891

StatusPublished

Cited by1 cases

This text of 13 N.Y.S. 526 (National Broadway Bank v. Swift) 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

National Broadway Bank v. Swift, 13 N.Y.S. 526, 36 N.Y. St. Rep. 997, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1553 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Per Curiam.

We are of the opinion that the points of the respondent demonstrate beyond question that the answer which was stricken out as frivolous was not subject to that criticism. The order appealed from has been argued by him precisely the same as though it came before this court upon a demurrer, and the question involved is certainly not so clear in favor of the respondent as to justify the court in striking out the answer as frivolous. The order should be reversed, with $10 costs and disbursements.

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Per Curiam.

We are of the opinion that the points of the respondent demonstrate beyond question that the answer which was stricken out as frivolous was not subject to that criticism. The order appealed from has been argued by him precisely the same as though it came before this court upon a demurrer, and the question involved is certainly not so clear in favor of the respondent as to justify the court in striking out the answer as frivolous. The order should be reversed, with $10 costs and disbursements.

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Bluebook (online)

13 N.Y.S. 526, 36 N.Y. St. Rep. 997, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-broadway-bank-v-swift-nysupct-1891.

Opinion

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