Meyer v. Chamberlyn
City of New York Municipal Court
Appeal from special term. Action by Meyer and others against Ohamberlyn. From a judgment for defendant, and from an order .overruling plaintiffs’ demurrer to defendant’s counterclaim, plaintiffs appeal. Reversed, and demurrer sustained, but with leave to answer over.
1Opinion of the CourtHasoall, J.
It seems to me that the demurrer to defendant’s alleged counterclaim should have been sustained. The allegations of the complaint, being averment of a .charge upon contract, are all admitted by the answer; but by way of “a separate and distinct defense herein, and by way of counterclaim,” defendant pleads an agreement between the parties quite foreign to the cause of action stated in the complaint, under which defendant advanced moneys to plaintiffs amounting to much more than their demand, for which plaintiffs have not accounted, but which accounting has been demanded, etc. And, upon these…
2Cases cited1 opinion
- Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
3Cited by3 opinions
- Schreiber v. Noe, New York County Courts1930
- Walcoff v. BittkerNew York Supreme Court · 1910
- Walcoff v. BittkerAppellate Terms of the Supreme Court of New York · 1910