Skelly v. Mortimer
This text of 154 A.D. 921 (Skelly v. Mortimer) 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.
Opinion
The action is for goods, wares and merchandise sold. The answer, in addition to general and specific denials, pleads payment. This is an affirmative defense, the burden of proving which rests on defendant. No reason is apparent why plaintiff should examine defendant unless it be to ascertain how she intends to prove her defense. Orders for examination are not granted for this reason alone. The order appealed from should be reversed, with ten dollars costs and disbursements, and motion to vacate granted, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. _
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
154 A.D. 921, 138 N.Y.S. 1100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skelly-v-mortimer-nyappdiv-1913.