Seaton v. Board of Education

Appellate Division of the Supreme Court of New York

Seaton v. Board of Education

253 A.D. 736, 300 N.Y.S. 633, 1937 N.Y. App. Div. LEXIS 5380

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1937·Published

Opinion

Order striking out paragraphs VIII and IX of the defendant’s answer reversed on the law, with ten dollars costs and disbursements, and motion to strike out denied, with ten dollars costs. The allegation that the claim was “ duly audited and allowed ” is sufficient in a pleading. A pleader is not required to set forth the evidence by which the material facts he alleges are to be proved, but it is sufficient if he make a plain and concise statement of those facts showing their legal effect. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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Order striking out paragraphs VIII and IX of the defendant’s answer reversed on the law, with ten dollars costs and disbursements, and motion to strike out denied, with ten dollars costs. The allegation that the claim was “ duly audited and allowed ” is sufficient in a pleading. A pleader is not required to set forth the evidence by which the material facts he alleges are to be proved, but it is sufficient if he make a plain and concise statement of those facts showing their legal effect. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

Seaton v. Board of Education, 253 A.D. 736, 300 N.Y.S. 633, 1937 N.Y. App. Div. LEXIS 5380 (N.Y. Ct. App. 1937).

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253 A.D. 736 (Seaton v. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.