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Thompson v. Witkop

90 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1904-10-18 English

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p. 1116
THOMPSON et al., Appellants, v. WITKOP, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 18, 1904.)

Headnote

Action by James S. Thompson and others against Henry Witkop, as treasurer, etc.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the answer does not contain any general or specific denial in conformity with section 500 of the Code of Civil Procedure, and that, this objection having been seasonably raised on the trial, the court erred in overruling the same and allowing the trial to proceed.