Western Union Telegraph Co. v. Milliken
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the First Judicial District, overruling a demurrer to an answer setting up a counterclaim. The facts are stated in the opinion.
1Opinion of the Court
Per Curiam. — [Present, Larremore, Ch. J., Allen and Bookstaver, JJ.]
—It is now well settled in practice that a pleading to which a demurrer has been interposed must be its own mouth-piece. The complaint in the action sets up a running account between the parties, which the defendants admit to the extent of-$4.11, but set up a counterclaim as a defense, to wit:
That on or about May 16th, 1884, plaintiff delivered to the defendant, Robert Milliken, a telegraphic message by .mistake, which was not intended for him, upon which he acted, and upon which he sustained a loss, the amount of *171which…
2Cited by2 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Cupi v. Craftman's ClubAppellate Terms of the Supreme Court of New York · 1900