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Hawes v. Wells

122 N.Y.S. 252 Court N.Y. App. Div. Decision date 1910-03-11 English

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p. 252
HAWES v. WELLS et al.
(Supreme Court, Appellate Division, First Department.
March 11, 1910.)

Headnote

Pleading (§ 79[1] )—Answer—Sufficiency.
Any answer is good enough tor a bad complaint,
[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 160; Dec. Dig.. § 79.[1] ]
Appeal from Special Term, New York County.
Action by Gertrude D. Hawes against Oliver J. Wells, impleaded',, etc. From an order granting a motion to strike out certain portions of the answer of defendant Wells, he appeals.
Réversed.
See, also, 121 N. Y. Supp. 380 , 382.
Argued before CLARKE, McLAUGHLIN, LAUGHLIN* SCOTT, and DOWLING, JJ.
H. H. Snedeker, for appellant.
Gilbert Ray Hawes, for respondent.

We recently held that this complaint does not state facts sufficient to constitute a cause of action. Any answer is. good enough for a bad complaint. Therefore this answer was good enough.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.