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Home > Art, Film & Photography > New York Annotated Cases Volume 16; Selected from the Current Decisions of the New York Courts
New York Annotated Cases Volume 16; Selected from the Current Decisions of the New York Courts

New York Annotated Cases Volume 16; Selected from the Current Decisions of the New York Courts


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...When a defense repeats and realleges the allegations and denials contained in a preceding defense as though they were again set forth at length and then sets forth new matter, a demurrer specifically taken to such new matter is in substance and form only addressed to a part of such defense and is, therefore, ineffectual. Holmes v. Northern Pac. Ry. Co., 65 App. Div. 49; 72 N. Y. Supp. 476. A demurrer cannot be made to a paragraph of an answer not separately stated and numbered as a defense. It it is claimed that the facts alleged in such paragraph constitute a separate defense, the proper remedy is a motion to compel the pleader to so designate it. New Jersey Steel & Iron Co. v. Robinson, 60 App. Div. 69; 69 N. Y. Supp. 728. A justification of a libel, which is not co-extensive with the charge in the publication, is demurrable, when it is not expressly stated to be a partial defense. Mattice v. Wilcox, 36 St. Rep. 914; 13 N. Y. Supp. 330. A demurrer cannot single out one paragraph in an answer and treat it as insufficient in law, when by reading that paragraph in connection with another portion of the answer, of which it is made a part, the two constitute a complete or partial defense. Dexter v. Alfred, 46 St. Rep. 789; 17 N. Y. Supp. 770. A demurrer to a defense pleading in justification the truth of certain portions of the articles alleged to be libelous is well taken, if it is not pleaded specifically as a partial defense or in mitigation of damages, as the justification fails as a complete defense. Sawyer v. Bennett, 49 St. Rep. 774; 20 N. Y. Supp. 835. When a defendant states several defenses separately and numbers them, thus showing that he meant to plead them as distinct defenses, he cannot, upon demurrer thereto, assert that some of the defenses...


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Product Details
  • ISBN-13: 9781130815009
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 190
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1130815005
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 349 gr


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New York Annotated Cases Volume 16; Selected from the Current Decisions of the New York Courts
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