Holloway v. Stephens
New York Supreme Court
Motioh for a re-argument of an appeal, made on behalf of Benjamin F. Stephens, one of the defendants. The appeal was taken by the plaintiff, Thomas Holloway, from a judgment .in favor of said Stephens fo.r $171,237.43 entered upon the report of a referee.
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Motioh for a re-argument of an appeal, made on behalf of Benjamin F. Stephens, one of the defendants. The appeal was taken by the plaintiff, Thomas Holloway, from a judgment .in favor of said Stephens fo.r $171,237.43 entered upon the report of a referee. The complaint in the action asked that defendant, said Stephens, be restrained from continuing or bringing any actions against the plaintiff by reason of any claim under certain agreements made between one Haydock (who was also made defendant) as plaintiff’s agent, and said Stephens; that the agreements be declared null and void, and that an…
1Opinion of the CourtDaniels, J.
The motion for a re-argument of the appeal taken in this cause proceeded chiefly on the ground that by omitting to serve a reply the plaintiff should be held to have admitted what is relied upon as a counter-claim, as set forth in the defendant’s answer. The answer, in this respect, alleges a claim for expenses and *564disbursements in the partial performance of the contracts referred to in the complaint, and also damages sustained by the defendant Stephens, arising out of the plaintiff’s refusal to fully perform such contracts. The claims set forth are wholly unliquidated, and in no way…
2Cases cited7 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Barnes v. . PerineNew York Court of Appeals · 1854
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- McDonald v. ChristieNew York Supreme Court · 1863
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