Stoneman v. Van Vechten
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by George T. Stoneman, as assignee of Arthur G. Gray under a general assignment for the benefit of creditors, against Arthur Van Vechten and another. From a judgment for plaintiff, defendants appeal. Reversed.
1Opinion of the CourtKellogg, J.
This is an appeal from a judgment rendered in favor of plaintiff upon the findings of a referee. The questions for review relate solely to the nature of the action. If the action is ex delicto, and is supported by the proofs in that character, then the judgment is right, and the referee committed no error in excluding from consideration the counterclaim pleaded* in defendants’ answer, and replied to by plaintiff. If the complaint sounds in tort, and the proof establishes a contract relation only, then the judgment is wrong. If the complaint can be properly construed as declaring upon…
2Cases cited4 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Nutter v. WheelerDistrict Court, D. Massachusetts · 1874
- In re LinforthU.S. Circuit Court for the District of California · 1877
- Gindre v. KeanNew York Court of Common Pleas · 1894