Abt-Bernot, Inc. v. Holland-American Line

The defense set up in paragraph 8 of the answer is insufficient because it is hypothetical, and because it is a plea in the alternative, and because it fails to set forth the ultimate facts upon which defendant relies to be relieved of liability.

The plea of confession and avoidance requires a definite admission and a statement of ultimate facts which, if established, exonerate the defendant of liability.

The motion to strike out paragraph 8 is granted, with leave to defendant to serve an amended answer within twenty days.