Blumehthal v. Katz

The defendants were sued as copartners, the alleged cause of action being for goods sold and delivered. The answer contained a general denial and also set up a. counterclaim for commissions alleged to have been earned by otie of the defendants under an employment by the plaintiff. When the case was called for trial, the defendants conceded the plaintiff’s claim, whereupon the plaintiff moved for judgment upon the ground that the counterclaim as set up was in favor of one of the defendants alone. Thereupon the defendants’ counsel moved to amend the answer so as to make the counterclaim in…