Legal Opinion
Goossen v. Goossen
New York Court of Common Pleas
Decided January 15, 1895PublishedCited by 2 opinions
Action by Herman Goossen against Kate M. Goossen. Defendant moves to strike out a counterclaim set up in the reply against a counterclaim pleaded in the answer. Granted.
1Opinion of the CourtDaly, C. J.
The counterclaim set forth in the reply does not arise upon any transaction pleaded in the answer, but upon an independent cause of action in favor of plaintiff against defendant, which would not be barred by an adjudication upon the issues raised by the answer. Section 514 of the Code prescribes what a reply, must contain, viz.:
“Where the answer contains a counterclaim, the plaintiff, if he does not demur, may reply to the counterclaim. The reply must contain a general or specific denial of each material allegation of the counterclaim controverted by the plaintiff, or of any knowledge or…
2Cases cited5 opinions
- Cohn v. HussonCity of New York Municipal Court · 1883
- Miller v. LoseeNew York Supreme Court · 1854
- Hall v. Hall, New York County Courts1865
- Rider v. FogganNew York Supreme Court · 1891
- Stewart v. TravisNew York Supreme Court · 1854
3Cited by2 opinions
- Phillips v. Manufacturers Trust Co.New York Supreme Court · 1940
- Seligmann v. MandelNew York Supreme Court · 1959