Wester v. Mutual Reserve Fund Life Ass'n
This text of 27 Misc. 830 (Wester v. Mutual Reserve Fund Life Ass'n) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal by the defendant from an order of the Special Term of this court, entered on March 15, 1899, denying defendant’s motion to compel a reply to the alleged new matter constituting defense by way of avoidance contained in defendant’s answer herein, ■ embraced in paragraphs II, III, IV, V, VIII, and XIV of such answer.
The answer is lengthy and somewhat involved, but the sections referred to pleaded new matter by way of avoidance, and the authorities are too numerous to require separate mention, that in cases of this character a reply should be ordered.
Order appealed from reversed and a motion to compel reply granted.
Present: O’Dwyer and McCarthy, JJ.
Order reversed and motion granted.
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Cite This Page — Counsel Stack
27 Misc. 830, 57 N.Y.S. 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wester-v-mutual-reserve-fund-life-assn-nynyccityct-1899.