Cook v. . Jenkins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to settle issues upon, the counter-claims in the answer, and the reply, to be tried by a jury and referring the action. This action was brought for the dissolution of a copartnership, between the parties, and for an accounting as to partnership matters. The substance of the answer is set forth in the opinion.
1Opinion of the CourtMiller, J.
The provisions of section 974 of the Code of Civil Procedure no doubt are applicable to a case where a counter-claim is set up as a defense in the answer which presents an issue to be tried, often the only one in the case, upon which an affirmative judgment is demanded against the plaintiff, and for which a separate action might be maintained to recover damages of the plaintiff. Bees the answer here set up any such defense ?
The action is of an equitable character, based on the articles of copartnership, and the relief sought is an accounting or settlement of the copartnership accounts and a…
2Cited by7 opinions
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- Feldman v. SturmAppellate Division of the Supreme Court of the State of New York · 1951
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. SnowberAppellate Division of the Supreme Court of the State of New York · 1921
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