Lehman v. Cores-Martinez Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cores-Martinez Company, from a determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New Tork on the 25th day of October, 1915, reversing a judgment of the City Court of the City of New Tork in favor of the defendant, entered upon a verdict directed by the court, and also reversing an order denying plaintiff’s motion for a new trial.
1Opinion of the Court
Davis, J.:
This action was brought in the City Court to recover a balance of $64í. 22 due on a promissory note made by the defendant to the order of S. Levy & Co., and by the latter trans*853ferred to the plaintiff after maturity. In its answer the defendant set up facts which constituted a good counterclaim on a promissory note of $1,000 made by S. Levy & Co., plaintiff’s assignor, to the order of the defendant, but the defendant designated its facts as a.set-off, and asked for the dismissal of the complaint.
The plaintiff served a reply to this answer, which, while containing denials, set up no…
2Cases cited4 opinions
- American Guild v. . DamonNew York Court of Appeals · 1906
- Mills v. EarlyAppellate Division of the Supreme Court of the State of New York · 1902
- Knickerbocker Trust Co. v. CondonAppellate Division of the Supreme Court of the State of New York · 1911
- Knickerbocker Trust Company v. . CondonNew York Court of Appeals · 1914
3Cited by1 opinion
- Dessar v. GuntherNew York Supreme Court · 1917