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46 Misc. 302

Hutchinson v. Bien

New York Supreme Court

Decided February 15, 1905

New York Supreme Court · decided 1905-02-15

The three subdivisions of the complaint which the answer purports to deny are as follows: “ II That said defendant as such Beceiver and in order to properly administer his trust and for the benefit of said business, property and estate and the credit of said firm, duly purchased from this plaintiff at various times between January 3rd, 1900, and January 14th, 1902, goods, wares and merchandise amounting to the sum of $506.31, and that this plaintiff at the request and upon…

Decided 1905-02-15

Gaynor, J.:

¶1The denial is frivolous. It is a negative pregnant. It does not deny each allegation of the designated paragraphs as required by the Code (§ 500), but only denies the allegations in gross “ as alleged ” therein. Now a denial of them “ as alleged ” therein does not deny their substance, and that is the only denial which satisfies the Code requirement. Paragraph II alleges that the purchases were “ at various times ” between certain specified dates, but if all at one time the complaint is good. Hence a restriction of the denial to the precise words and form of the complaint is not good. Such a denial is pregnant with the truth that the goods Avere purchased (Kelly v. Sammis, 25 Misc. Rep. 6; Laurie v. Duer, 30 id. 154; Pigot v. McKeever, 32 id. 45). Similar instances in this same paragraph could be pointed out. The answer is evasive. . ■

¶2*304The allegations of paragraph III are not material; and also that of paragraph IV (Hirschfeld v. Kalischer, 81 Hun, 606); and hence no issue can be raised on them.

¶3The motion is granted.

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