Swift v. Swift
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William S. Swift, from a judgment and order of affirmance of the Albany County Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany-on the 31st day of December, 1895, affirming a judgment rendered by a justice of the peace in favor of the plaintiff.
1Opinion of the Court
Merwin, J. :
The plaintiff in his complaint alleged that the defendant was. indebted to him “ in the sum of $35, balance duo plaintiff on an account running between the plaintiff and defendant for the past *588ten or twelve years for labor and services and horse pasture, etc., over and above any set-off or counterclaim.” The defendant denied the complaint, set up the Statute of Limitations, and a counterclaim for goods sold and delivered and cash paid for plaintiff’s benefit and at his request. The plaintiff denied the counterclaim. Each upon demand'of the other filed a bill of particulars. Only…
2Cases cited2 opinions
- Huebner v. RooseveltNew York Court of Common Pleas · 1876
- Holyoke v. AdamsNew York Court of Appeals · 1874