Toplitz v. Garrigues
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Garrigues, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of ¡New York on the 15th day of October, 1901, denying the defendant’s motion to compel the plaintiff to serve a reply to new matter set up in the answer. The action was originally brought against William M. Levering and William A. Garrigues, copartners composing the firm of Levering & Garrigues.
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Appeal by the defendant, William A. Garrigues, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of ¡New York on the 15th day of October, 1901, denying the defendant’s motion to compel the plaintiff to serve a reply to new matter set up in the answer. The action was originally brought against William M. Levering and William A. Garrigues, copartners composing the firm of Levering & Garrigues. Levering died during the pendency of the action, and it was continued against Garrigues, the surviving partner.
1Opinion of the Court
O’Brien, J.:
The action was for goods sold and delivered by the receivers of a Pennsylvania corporation of the value of $88,157.42, upon which $71,029.67 was paid, and the balance the plaintiff claims by assignment from the receivers.
In addition to other defenses, the defendants set up new matter constituting a defense by way of avoidance, in the 8th, 9th, 10th and 11th paragraphs of the answer which, briefly summarized, aver that the receivers assigned to the Safe Deposit Bank of Potts-ville, Penn., all their right, title and interest in their claim against the defendants under the contract,…
2Cited by2 opinions
- Olsen v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Weglein v. Trow Directory, Printing & Bookbinding Co.Appellate Division of the Supreme Court of the State of New York · 1912