¶1I dissent. I do not think that with a general denial incorporated in a defense, no matter how often repeated, can such defense bedemurrable. The evils pointed out by Mr. Justice O’Brien from such a form of pleading can be remedied by a motion to strike out the excessive denial as redundant, but no part of a pleading can be stricken out on demurrer.
19 N.Y.S. 47
Flechter v. Jones
Decided May 13, 1892
New York Supreme Court · decided 1892-05-13
Action by Victor S. Flechter against Gilbert E. Jones, as treasurer of the New York Times, a joint-stock association, to recover damages for defamation of character. From a judgment sustaining a demurrer to the second defense in the amended answer, defendant appeals.
Reversed · Decided 1892-05-13