Eldridge v. Crow
New York Court of Common Pleas
Appeal from city court, general term. Action by George H. Eldridge and another against Moses E. Crow on a promissory note. From a judgment of the city court (25 FT. Y. Supp. 797) affirming an order sustaining a demurrer to a counterclaim, defendant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action is upon a promissory note. The answer sets up a counterclaim, to which the plaintiffs demur on the ground that the counterclaim is not of the character allowed by law, not being a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs’ claim, and on the further ground that it does not state facts sufficient to constitute a causé of action. The facts, as appear by the pleadings, are these: The village of South Mt. Vernon entered into a contract with a certain company, granting it the privilege of establishing and…
2Cases cited9 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Churchill v. HuntNew York Supreme Court · 1846
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Kohler v. . MatlageNew York Court of Appeals · 1878
4 more not listed; retrieve them via the Exa API.