Brauer v. Lawrence
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia Watt Lawrence, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 9th day of February, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of February, 1914, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Julia Watt Lawrence, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 9th day of February, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of February, 1914, denying the defendant’s motion for a new trial made upon the minutes. Also an appeal by the defendant from an order entered in said clerk’s office on the 26th day of January, 1914, denying her motion for a separate and prior trial of the issues arising on her counterclaim…
1Opinion of the Court
Laughlin, J.:
The action is on an assigned claim of Messrs. Kellogg & Rose, attorneys and counselors, on accounts stated for professional services.
The counterclaim is for the cancellation of the accounts stated. No argument has been presented in support of the appeal from the order denying a trial of the issues arising on the counterclaim before the trial of the issues arising on the complaint and answer. Manifestly, there is no merit in that appeal, for the facts relied upon in support of the counterclaim were available as a defense and no other relief was required. That order should,…
2Cases cited6 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Matter of CurtissNew York Court of Appeals · 1910
- In re CurtissAppellate Division of the Supreme Court of the State of New York · 1909
- Bauer v. AmbsAppellate Division of the Supreme Court of the State of New York · 1911
- In re CurtissAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by5 opinions
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- Cooper v. ConklinAppellate Division of the Supreme Court of the State of New York · 1921
- Rabin v. Faim Information Services, Inc.New York Supreme Court · 1972
- Willard v. LewisAppellate Terms of the Supreme Court of New York · 1931
- Parsons v. BachelorNew York Supreme Court · 1931