Ravold v. Fred Beers, Inc.
New York County Courts
1Opinion of the CourtJohnson, J.
The plaintiffs, Ravold and Van Son, are suing as a partnership doing business under the firm name of Sunrise *629Creamery Company. The defendant has interposed five counterclaims. The plaintiff moves for an order dismissing all such counterclaims.
Such motion is directed to the first and fourth counterclaims upon the ground that they state no cause of action against the plaintiff partnership but only as against one of the partners. If this be so, the counterclaims must be dismissed for the reason that, in an action by copartners, a counterclaim against one of them may not be interposed. (Roldan v.…
2Cases cited4 opinions
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
- Williams v. . GilliesNew York Court of Appeals · 1878
- The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
- Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
3Cited by4 opinions
- Barron v. KoenigIdaho Supreme Court · 1958
- GAY'S JEWELRY, INC. v. GoldbergIndiana Court of Appeals · 1959
- Kamer v. ITT Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
- Schuckman v. Sayville Plaza Development Co.Appellate Division of the Supreme Court of the State of New York · 1994