Collins v. North Side Publishing Co. — 49 N.Y. St. Rep. 37

Majority

p. 37

W. Newton Collins et al., Resp’ts, v. The North Side Publishing Co., App’lt.

(City Court of New York, General Term,

Filed November 25, 1892.)

Headnote

Pleading—Answer.

An answer alleging that defendant “ has no knowledge or information

sufficient to form a belief as to the truth of all the other allegations contained in the complaint,” is bad, and not authorized by the Code.

Appeal from order granting motion for judgment on the pleadings on the ground that the answer was frivolous.

William G. McCrea, for app’lt; Douglas & Minton, for resp’ts.

This is an action for the price of printing inks amounting to $178.66, all unpaid except $31.25, which was paid by advertising done for plaintiffs.

The plaintiffs demand judgment for $147.41.

The answer admits incorporation of defendant and then further answering :

“Alleges that it has no knowledge or information sufficient to form a belief as to the truth of all the other allegations contained in said complaint.”

Plaintiffs moved for judgment on the pleadings, which was

p. 38

granted on the ground that the answer was frivolous. . From the order entered thereon this appeal is taken.

The Code, § 500, requires an answer to contain “a general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.”

The answer of the defendant herein clearly does not controvert each material allegation of the complaint, as required by the Code.

It only alleges that the defendant has no knowledge or information sufficient to form a belief as to the truth of aU such allegations. Under such a form of pleading the defendant might have knowledge of all the allegations of a complaint except one and yet his answer would be literally correct

Such a conjunctive denial is bad and not authorized by the Code.

If a defendant has knowledge or information of the material allegations of the complaint, the Code requires him to deny each allegation controverted by him, and the fact that he claims to have no knowledge or information sufficient to form a belief does not relieve him from saying so concerning each and every allegation which he so wishes to controvert. I think that the proper form of a denial such as the defendant adopted should read:

“ The defendant alleges that he has no knowledge or information sufficient to form a belief as to the truth of each allegation contained in the complaint.

The order appealed from is affirmed, with costs.

ÜSTewberger, J., concurs; Ehrlich, Ch. J., concurs in result