Beyer v. Henry Huber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Henry Huber Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 13th day of June, 1906, striking out the amended answer of the defendant.
1Opinion of the Court
Scott, J.:
The complaint is for the price of certain goods, manufactured and delivered to defendant. The original answer,, comprising a general denial, was served on May 14, 1906, and on June 2, 1906, the defendant served an amended answer, which, in addition to a general denial, comprised two counterclaims for damages based.upon allegations of delay by plaintiff in the delivery of the goods. .Prior to the service of the amended answer, andYvithin the time allowed to defendant by law to amend the answer, as of course, the plaintiff had noticed the cause for trial and placed it upon the…
2Cases cited3 opinions
- Crocker-Wheeler Co. v. Varick Realty Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Grannis & Hurd Lumber Co. v. DeevesNew York Supreme Court · 1893
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by5 opinions
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- Poppenberg v. R. M. Owen & Co.New York Supreme Court · 1914
- Mikolajewski v. PugellNew York Supreme Court · 1909
- Joyce v. Eastman Kodak Co.New York Supreme Court · 1917
- Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper MillsAppellate Division of the Supreme Court of the State of New York · 1913