Weeks v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin Weeks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the .clerk of the county of New York on the 6tli day of May, 1897, upon the decision of the court rendered after a trial at the New York Special Term overruling the plaintiff’s demurrer to certain counterclaims contained in the answer and awarding the defendant affirmative judgment thereon; also, from an-order entered in said clerk’s office on the…
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Appeal by the plaintiff, Benjamin Weeks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the .clerk of the county of New York on the 6tli day of May, 1897, upon the decision of the court rendered after a trial at the New York Special Term overruling the plaintiff’s demurrer to certain counterclaims contained in the answer and awarding the defendant affirmative judgment thereon; also, from an-order entered in said clerk’s office on the 18th day of March, 1897, upon which said judgment was entered, and also from an order entered in said clerk’s office on…
1Opinion of the Court
Barrett, J. :
The action is brought against the defendant in his representative capacity as executor of Ellen O’Brien, deceased, to recover damages for breach of a building contract by his testatrix. The answer sets up a number of counterclaims founded upon judgments recovered by third parties against the plaintiff, which it.is alleged were before the commencement of this action assigned to the defendant as executor of Ellen O’Brien, deceased. These counterclaims were demurred to upon several grounds, one being that they do not state facts sufficient to constitute a cause of action.
We think…
2Cases cited3 opinions
- Thompson v. . WhitmarshNew York Court of Appeals · 1885
- McClenahan v. . CottenSupreme Court of North Carolina · 1880
- Dudley v. GriswoldNew York Surrogate's Court · 1851
3Cited by7 opinions
- Banco Nacional De Cuba v. Chase Manhattan BankDistrict Court, S.D. New York · 1980
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- Bank of United States v. FrostCity of New York Municipal Court · 1932
- Eckert v. GallienAppellate Division of the Supreme Court of the State of New York · 1899
- Goddard v. GladstoneNew York Supreme Court · 1957
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