Murphy v. Appelli

The matter pleaded in paragraphs Fifth to Ninth of the answer is not sustainable as a counterclaim or as a partial defense for ‘there are no ultimate facts of damage set forth which present an issue either by way of defense or counterclaim.

The facts alleged as a complete defense" and counterclaim in paragraphs Tenth to Fifteenth of the answer are clearly insufficient as a defense. In an action such as this to recover damages for fraud and deceit, it is not a defense for defendant to assert that he has sustained damage by reason of his later unlawful arrest and prosecution therefor at the…