← Cases

Richards v. London & Lancashire Guarantee & Accident Co. of Canada

157 N.Y.S. 930 Court N.Y. App. Div. Decision date 1916-03-17 English

Contents

Majority

p. 930
RICHARDS v. LONDON & LANCASHIRE GUARANTEE & ACCIDENT CO. OF CANADA.
(Supreme Court, Appellate Division, First Department.
March 17, 1916.)

Headnote

Pleading <S=»194(1)—Answer—Denials.
Demurrers to separate defenses containing denials of the material allegations of the complaint are properly overruled.
[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 444, 446, 451; Dec. Dig. <®=»194(1).]
Appeal from Special Term, New York County.
Action by Eugene Lamb Richards, as trustee in bankruptcy, etc., against the London & Lancashire Guarantee & Accident Company of Canada. From an order overruling the demurrers to the first, second, third, fourth, and fifth separate defenses and the sixth partial defense in defendant’s answer, plaintiff appeals. Affirmed.
<@ss>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
p. 931
Argued before CLARKE, P. J., and LAUGIILIN, SCOTT, SMITH, and PAGE, JJ.
Jeremiah T. Mahoney, of New York City, for appellant.
Jacob J. Alexander, of New York City, for respondent.

Each of the defenses contains denials of material allegations of the complaint. The order appealed from should therefore be affirmed, with $10 costs and disbursements. Order filed.