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Brown v. Jenison

5 N.Y. Super. Ct. 732 3 Sandf. 732 Court N.Y. Super. Ct. Decision date 1851-04-12 English

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p. 732
Brown v. Jenison.

Headnote

A sham answer or defence, is one which is false in fact and not pleaded in good faith. It may be good in form, although a sham answer.
A frivolous answer is one that shows no defence to the action.
Each may be stricken out on motion.
April 12, 1851.
Motion to strike out an answer, made at chambers, brought up by appeal, and heard by four of the justices of the court.

The plaintiff referred to section 152 of the code, but it does not apply to his motion. A sham answer and defence, is one that is false in fact, and not pleaded in good faith. It may be perfectly good in form, and to all appearance a perfect defence. Section 152 provides for striking out such answers. A frivolous answer, is one that shows no defence, conceding all that it alleges to be true. Each may be stricken out on motion, but it is under different provisions of the code. The question here is, whether the answer is frivolous. (The judge then examined the answer in this respect.)