Samuel Blatchford

“ We regard it as the rule in New York that a denial, such as is found in the answer in this case, in connection with the rest of the answer, is a sufficient denial to raise an issue as to the plaintiff's ownership of the notes, and to warrant evidence to show any other ownership. Under such a denial a defendant has a right to prove anything that will show the allegation covered by the denial to be untrue. ”

“ It is provided by section 519 of the Code of Civil Procedure that the allegations of a pleading must be liberally construed, with a view to substantial justice between the parties; and section 546 provides that where one or more denials or allegations, contained in a pleading, are so indefinite or uncertain that the precise meaning or application thereof is not apparent, the court may require the pleading to be made definite and certain, by amendment. ”

“ The counsel for the plaintiff is mistaken in treating the two branches of section 500 as in the alternative. A defendant is not limited to the one or the other. He may in his answer embody both a denial, general or special, and a statement of new matter constituting a defense. ”