Smith v. Rensselaerville Creamery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Smith, from'an order of the County Court of Albany county, entered, in the office of the clerk of said county on the 28th day of April, 1908, denying the plaintiff’s motion to transfer the cause from the trial calendar to the law calendar of the Albany County Court.
1Opinion of the Court
Cochrane, J.:
Plaintiff instituted this action in Justice’s Court for the wrongful and unlawful conversion of thirty dollars in cash, for which amount he demanded judgment in his complaint, and which amount he recovered. The answer of the. defendants was a general denial. The record discloses the following as having occurred during the course of trial: “ Defendant .moves to amend his pleadings "and claims to $60 — counterclaims for goodfe sold and delivered to plaintiff.” Strictly speaking, this seems to be only a motion to amend a pleading, and it does not appear that the motion was granted…
2Cases cited3 opinions
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895
- Harvey v. Van DykeNew York Supreme Court · 1883
3Cited by1 opinion
- Maloy v. BannonAppellate Division of the Supreme Court of the State of New York · 1915