Humphrey v. Conroy Motor Corp.

This is a motion made in behalf of the Universal Credit Company to dismiss a counterclaim against it, alleged and *52set forth in the answer of the defendant, on the ground that said alleged counterclaim is not one which may be properly interposed in this action under section 271 of the Civil Practice Act.

Briefly stated, the facts are as follows: The plaintiff purchased in August, 1936, a Ford coupe of H. H. Saulsbury & Sons, a Ford agency at Tully, N. Y. The agency was a partnership carried on by Mr. Saulsbury and his sons. This agency did not have on hand the particular type and model of car…