21 Misc. 542
City of New York Municipal Court
Decided October 15, 1897
City of New York Municipal Court · decided 1897-10-15
<p>Answer — When one, alleging that the plaintiff is not the real party iti interest, is insufficient.</p> <p>An answer which merely alleges “ that plaintiff was- not the real or proper party in interest ” is insufficient to raise that issue, as the facts which support the contention must be alleged by the defendant.</p>
Cited by 1 later decisions — most recently July 1926
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1897-10-15
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¶1Under , the issues framed by the pleadings defendant could not show that the plaintiff was not the real party in- interest, as he failed to allege the facts necessary to' raise sutih an issue. i
¶2The mere legal conclusion “that plaintiff was not the real or proper party in interest ” pleaded by him was not sufficient. Ho error being discovered, judgment affirmed, with costs. .
¶3Present: Fitzsimons, Conlan and Schuchman, JJ.
¶4Judgment affirmed, with costs.