Gage v. Angell
New York Supreme Court
Demurrer to answer setting up a counter claim,. The action is upon a promissory note for motiey lent. The defendant, by way of counter claim alleges that himself and the plaintiff had been for several years co-partners in business—that the partnership had been dissolved prior to the commencement of the action, and that the co-partnership accounts, and dealings between the co-partners were still unadjusted and unsettled, but that upon such dealings and a settlement of such…
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Demurrer to answer setting up a counter claim,. The action is upon a promissory note for motiey lent. The defendant, by way of counter claim alleges that himself and the plaintiff had been for several years co-partners in business—that the partnership had been dissolved prior to the commencement of the action, and that the co-partnership accounts, and dealings between the co-partners were still unadjusted and unsettled, but that upon such dealings and a settlement of such accounts, there was a balance due from the plaintiff to the defendant, to an amount exceeding the sum claimed by the…
1Opinion of the Court
W. F. Allen, Justice.
The claim which the defendant seeks to interpose as a defence to the demand of the plaintiff was not the subject of an action at common law, except an action of account. Neither could it have been set off against *336any other demand either at law or in equity, prior to the amendment of the Code in 1852. The partnership accounts are still unliquidated, and there is no express promise to pay an ascertained balance. Murray agt. Bogart, (14 J. R., 318,) Halsted agt. Schmlzel, (17 J. R. 80,) Westerloo agt. Evertson, (1 W. R. 532,) Cary agt. Brush, (2 Cain. Rep. 293; 2 R. S. 4.th…
2Cases cited1 opinion
- Casey v. BrushNew York Supreme Court · 1805
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