Cottle v. New York, West Shore & Buffalo Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiffs, Octavius 0. Cottle and another, as executors, etc., of John J. P. Read, deceased, from' so much of a judgment of the Supreme Court in favor of the original plaintiff, John J. P; Read, entered in the office of'the clerk of the county of Erie on the 26th day of March, 1886, upon the decision of the court rendered after a trial at the Erie Special Term, as required him to execute a deed, and from so much as deducted from the amount adjudged to be…
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Appeal "by the plaintiffs, Octavius 0. Cottle and another, as executors, etc., of John J. P. Read, deceased, from' so much of a judgment of the Supreme Court in favor of the original plaintiff, John J. P; Read, entered in the office of'the clerk of the county of Erie on the 26th day of March, 1886, upon the decision of the court rendered after a trial at the Erie Special Term, as required him to execute a deed, and from so much as deducted from the amount adjudged to be unpaid from the award made to him as compensation for the land described in said judgment and as set forth in the complaint,…
1Opinion of the Court
Ward, J.:
The appellants seek a. reversal .of a portion of the judgment appealed from upon "the ground that the counterclaim allowed by the trial court and deducted from the award ¡was illegal and. unauthorized; that this action is simply to enforce the award of" the commissioners in condemnation proceedings, and that the law in such a case does not permit deductions for counterclaims or demands of any character which may exist in favor of the railroad company;. but that if a counterclaim were permissible in such an action, the assumed counterclaim does not come within the provisions of…
2Cases cited2 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Clark v. StoryNew York Supreme Court · 1859
3Cited by3 opinions
- Knight v. RothschildAppellate Division of the Supreme Court of the State of New York · 1909
- Feinstein v. JacobsAppellate Division of the Supreme Court of the State of New York · 1910
- Bloomberg v. F. G. W. Construction Co.City of New York Municipal Court · 1932