New York Court of Appeals

Walter L. Thompson, as Receiver v. Norton A. Halbert, Respondents

April 24, 1888109 N.Y. 329

Summary

The Court affirmed the Special Term's demurrer, holding that a defense set forth in an answer that is not pleaded as a partial defense must be treated as a complete defense and, because it only affects the measure of damages, is legally insufficient. The judgment of the General Term was reversed and the defendants were given leave to amend their answer.