Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 97

Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 97

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...a qualification of the allegation in the complaint that the defendants' conduct in digging a pit in a public highway and leaving it unguarded was the sole cause of the injury. The allegations which are denied by this answer are those only which are not qualified by its previous statements. Of what fact stated in the complaint can it be legally said that they are not qualified by this answer? The allegation in the complaint that the injury occurred without the fault or negligence of the plaintiff, is substantially denied by the first count of the answer which affirmatively alleges the reverse of this to be true----but while this allegation constitutes a denial of that fact, it also operates as a qualification of every other fact going to make out the cause of action. The test which has frequently been applied to discover the true meaning of a pleading will clearly illustrate the effect of this attempted denial. Suppose the defendants were indicted for perjury, upon the ground that they had verified an answer which falsely denied that the defendants were the creators of the excavation which caused the injury in question, could any clause in this answer be pointed out which proved such a denial? It certainly cannot be successfully claimed that a clause which expressly excepted from 'its operation all allegations in the complaint, qualified by previous statements in the answer, was intended to deny such allegations as were qualified. We think that such an indictment could not be sustained upon the pleading in this case. It was held in the case of Allis v. Leona/rd (reported in memorandum, 46 N. Y. 688, and more fully, 22 Alb. Law J our. 28), that an answer which admitted the execution and delivery of a promissory note, and denied more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123650626X
  • 9781236506269