¶1Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the denial set forth in the 4th paragraph of the answer, being a necessary part of the affirmative defense therein alleged, should not have been stricken out. (See Douglass v. Phenix Ins. Co., 138 N. Y. 209.) All concurred, except Spring and Kruse, JJ., who dissented.
113 A.D. 889
Moot v. Bailey
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1906
Appellate Division of the Supreme Court of the State of New York · decided 1906-05-15
Relies on Douglass v. Phenix Insurance
Decided 1906-05-15