Mayor of New York v. Parker Vein Steamship Co.

By the Court.—Woodruff, J.

—We are of opinion that the facts alleged in the defendants’ answer are not available to the defendants as a counter-claim within the meaning of that term, as employed and defined in the Code; and therefore, whether they constitute a cause of action in favor of the Parker Vein Steamship Company or not, they cannot be used to defeat the plaintiffs’ recovery herein.

The plaintiffs’ action is brought upon a penal bond, signed and sealed by all of the defendants, conditioned for the payment of the rent which, in a certain lease, was covenanted by the Parker Vein Steamship…