Maders v. Lawrence
New York Supreme Court
Appeal from Essex county court. Action by George Maders against Zachariah Lawrence on a promissory note. Judgment for defendant. Plaintiff appeals. Code Civil Proc. 2sT. Y. provides that a counter-claim must be a cause of action “arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action.”
1Opinion of the CourtIngalls, J.
This action was commenced in justice’s court, and the plaintiff complained upon a promissory note, of which the following is a copy:
“Ausable Forks, N. Y., August 25, 1879.
“Six months from date, for value received, I promise to pay George Maders fifteen dollars, with interest.
his
“Zachariah X Lawrence. mark.
“Witness: J. S. Dwyer.”
By an amended answer, the defendant (1) denied the complaint, and each and every allegation thereof. (2) By way of counter-claim, stated, in substance, that the plaintiff and defendant exchanged horses, and that the note in question was given by the defendant to the…
2Cases cited1 opinion
- Hopkins v. . LaneNew York Court of Appeals · 1882
3Cited by13 opinions
- Bloomfield v. BloomfieldNew York Court of Appeals · 2001
- 118 East 60th Owners, Inc. v. Bonner Properties, Inc.Court of Appeals for the Second Circuit · 1982
- Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
- Merritt v. GouleyNew York Supreme Court · 1890
- Title Guarantee & Trust Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1954
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