Washington Dean Co. v. Kaisha

New York Supreme Court

Washington Dean Co. v. Kaisha

125 Misc. 855, 211 N.Y.S. 737, 1925 N.Y. Misc. LEXIS 1025

CourtNew York Supreme Court

DecidedAugust 21, 1925

StatusPublished

Cited by1 cases

This text of 125 Misc. 855 (Washington Dean Co. v. Kaisha) 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

Washington Dean Co. v. Kaisha, 125 Misc. 855, 211 N.Y.S. 737, 1925 N.Y. Misc. LEXIS 1025 (N.Y. Super. Ct. 1925).

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Opinion

Carswell, J.:

1. The defense is defective in that it is clearly hypothetical to a degree that falls foul of the authorities. (Saleeby v. Central R. R. of N. J., 40 Misc. 269; Stroock Plush Co. v. Talcott, 129 App. Div. 14; Abt-Bernot, Inc., v. Holland-Amer. Line, 125 Misc.-. It is also insufficient in that it pleads in the alternative in a situation that does not permit of alternative pleading. 2. The defense is also defective because of the failure to set out the facts upon which the alleged defenses are founded with respect to the exceptive clauses. (Woodworth v. McBride, 3 Wend. 227.) The motion to strike out is granted, with leave to plead over upon the payment of costs if the facts are such as to warrant the defendant being so advised.

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Carswell, J.:

1. The defense is defective in that it is clearly hypothetical to a degree that falls foul of the authorities. (Saleeby v. Central R. R. of N. J., 40 Misc. 269; Stroock Plush Co. v. Talcott, 129 App. Div. 14; Abt-Bernot, Inc., v. Holland-Amer. Line, 125 Misc.-. It is also insufficient in that it pleads in the alternative in a situation that does not permit of alternative pleading. 2. The defense is also defective because of the failure to set out the facts upon which the alleged defenses are founded with respect to the exceptive clauses. (Woodworth v. McBride, 3 Wend. 227.) The motion to strike out is granted, with leave to plead over upon the payment of costs if the facts are such as to warrant the defendant being so advised.

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Bluebook (online)

125 Misc. 855, 211 N.Y.S. 737, 1925 N.Y. Misc. LEXIS 1025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-dean-co-v-kaisha-nysupct-1925.

Opinion

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