Weiss v. Rosenbaum
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Yetta Weiss against Isaac Rosenbaum and wife. Erom a judgment for defendants, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtMacLEAN, J.
The plaintiff claimed for wages, and the defendants. interposed a “general denial” and “counterclaim, $45.” The pleadings were oral. The plaintiff proved her claim without contradiction, even by admission, although it does not appear that the defendant wife contracted on her own behalf for the services of the plaintiff. From the evidence, the counterclaim rests in tort, seemingly for damage sustained through tortious injury to the child of the defendants. It has been said-that:
“The counterclaim must have such a relation to, and. connection with, the subject of the action that it will be just…
2Cases cited4 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Cuming v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
- Lundine v. CallaghanAppellate Division of the Supreme Court of the State of New York · 1903
- Lundine v. CallaghanAppellate Division of the Supreme Court of the State of New York · 1903