Clinchy v. Apgar
Appellate Terms of the Supreme Court of New York
Arpead from a judgment ■ in the plaintiffs’ • favor which was rendered, by the District Court in the city of New York- for the . Ninth Judicial District upon the verdict of a jury. The action was to recover for goods sold and delivered, to which .(¡he defendant interposed a counterclaim far' work, labor and services, and materials furnished. 1'
1Opinion of the CourtBischoff, J.
No reply is required- to a counterclaim 'in' ah • ■ action brought in one of the District" Courts in the city of New York (Kuhn v. Am. Aut. K. & N. Co., 9 Misc. Rep. 54), and, in . any case, the defendant’s litigation .of the counterclaim, without . -objection, waived the effect of the plaintiff’s failure to reply., Muldoon v. Blackwell, 84 N. Y. 646.
*375The complaint was for goods sold and delivered, and the amount for which the jury found for the plaintiffs, and judgment was-rendered in their favor, was conceded to be due and owing from the defendant. The only issue, therefore, which was…
2Cases cited3 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Kuhn v. American Automatic Knife & Novelty Co.New York Court of Common Pleas · 1894
3Cited by1 opinion
- Grant v. WhortonSouth Dakota Supreme Court · 1912