Majority
p. 88STENT v. CONTINENTAL NATIONAL BANK. N. Y. Supreme Court, First Department; Special Term and Chambers, December, 1877.
Headnote
Answer on Information and Belief. — Pleadings.—Code of Civ. Pro. § 587.Under the Code of Procedure au answer was allowed, positively denying, when in fact the denial was simply on information and belief, which the verification could show; but under the Code of
p. 89
Civil Procedure which, does not allow such a verification, a denial on information and belief must be so expressed in the answer, and such an answer is not frivolous.[1]
Motion for judgment upon the answer as frivolous.
This action was brought by Thomas Stent, against the Continental National Bank of New York, to recover $675 for preparing a set of drawings, plans and specifications for certain alterations in its building in Nassau street.
The answer was as follows:
“The defendant answers the complaint herein upon information and belief:
“That no allegation thereof is true, except as to the incorporation of the defendant, and that nothing has been paid to the plaintiff.”
The defendant moved on the pleadings for judgment upon the answer, as frivolous.
Sedgwick & Curtis, for the motion.
Thomas G. Shearman {Shearman & Sterling, attorneys), opposed.
Under the old code the mode of pleading allowed an answer positively denying, when in fact that denial was simply on information, and so the verification could show. I do not understand the code as it now stands as allowing such a verification, and therefore, the denial on information must be in the answer, and so stated.
Motion denied.