Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Svazek 73Banks & Bros., 1893 |
Vyhledávání v knize
Výsledky 1-5 z 78
Strana vi
... answer upon payment of costs within twenty days : 134 N. Y. 536 . MOORE v . KING ..... 57 224 Judgment affirmed : 134 N. Y. 596 . MUTUAL LIFE INSURANCE COMPANY v . COREY .... 54 493 Judgment reversed : 135 N. Y. 326 . NELSON v . RUSSELL ...
... answer upon payment of costs within twenty days : 134 N. Y. 536 . MOORE v . KING ..... 57 224 Judgment affirmed : 134 N. Y. 596 . MUTUAL LIFE INSURANCE COMPANY v . COREY .... 54 493 Judgment reversed : 135 N. Y. 326 . NELSON v . RUSSELL ...
Strana 12
... answer - conforming the answer to the proofs after objection to the evidence - a failure to deny an allegation of the com- plaint — it excludes an inconsistent affirmative defense . William K. Beard , as assignee of the administrator of ...
... answer - conforming the answer to the proofs after objection to the evidence - a failure to deny an allegation of the com- plaint — it excludes an inconsistent affirmative defense . William K. Beard , as assignee of the administrator of ...
Strana 13
... answer did not deny this , but set up the affirmative defense above stated . Held , that by failing to deny the allegation of the complaint the defendants admitted it and could give no proof of the new matter contained in their affirma ...
... answer did not deny this , but set up the affirmative defense above stated . Held , that by failing to deny the allegation of the complaint the defendants admitted it and could give no proof of the new matter contained in their affirma ...
Strana 15
... answer were made to conform , was objected to , and admitted under exceptions . Under these circumstances , the ... answer . It is true that the answer sets up new matter or an affirmative defense which is incon- sistent with this ...
... answer were made to conform , was objected to , and admitted under exceptions . Under these circumstances , the ... answer . It is true that the answer sets up new matter or an affirmative defense which is incon- sistent with this ...
Strana 16
... answer did not put the averments of the complaint in issue ; and , as by section 522 of the Code , every material allegation of the com- plaint not controverted by the answer must , for the purposes of the action , be taken as true ...
... answer did not put the averments of the complaint in issue ; and , as by section 522 of the Code , every material allegation of the com- plaint not controverted by the answer must , for the purposes of the action , be taken as true ...
Další vydání - Zobrazit všechny
Běžně se vyskytující výrazy a sousloví
abide the event agreement alleged amount appellant assessment assignment attorney bank cause of action charge Civil Procedure claim clerk commissioners complaint concurred Coney Island contract corporation costs and disbursements costs to abide creditors deceased DECEMBER TERM decree deed defendant defendant's denied deposit dollars costs Edwin Clark entered entitled evidence ex rel executors fact favor FIFTH DEPARTMENT granted Hamilton ferry held HUN-VOL IMPLEADED indorsed interest JANUARY TERM judge Judgment affirmed jury liability lien LXVI MAYHAM ment Monroe county mortgage motion N. Y. St NOVEMBER TERM Opinion Order affirmed owner paid parties Patrick Larkin payment person plaintiff premises proceedings provision question Railroad Company received recover reference Respondent reversed SECOND DEPARTMENT Special Term statute street Supreme Court surrogate testator thereof THIRD DEPARTMENT tion trust Vanderbilt Avenue line village Waldo Hutchins York YORK EX REL