Zinsser v. Columbia Cab Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,-the Columbia Cab Company, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J. :
The action is upon a promissory note whereby, three months after date, the defendant promised to pay to the plaintiff the sum of $350 for value received. The answer admits all the allegations of the complaint, and sets up a separate defense anda counterclaim. Upon the trial the court held that the separate defense was frivolous,.and the question arising upon the counterclaim was tried, upon which the jury found for the plaintiff. The defendant criticises this action of the court in striking out the defense as frivolous as not justified *515by the practice, as that motion could only…
2Cases cited1 opinion
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
3Cited by2 opinions
- Messina v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1971
- Kalb v. HoffmanNew York Supreme Court · 1960