Oppenheimer v. Carabaya Rubber & Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carabaya Rubber and Navigation Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lTth day of March, 1911, directing that the issues raised by the pleadings herein be sent to the Special Term for trial and denying the said defendant’s motion for a stay.
1Opinion of the Court
Scott, J.:
This action by the trustee in bankruptcy of Frank Squiér is brought to recover the amount of a promissory note executed by the defendant corporation to the order of itself and indorsed by it. This note came into the possession of plaintiff among other assets of said Squier, who died soon after the appointment of his trustee in bankruptcy. The defense to the note consists of what are apparently merely formal denials designed to put plaintiff to his proofs. The defendant, however, sets up in various forms an equitable counterclaim by way of set-off *832to whatever sum may be found to be…
2Cases cited4 opinions
- Goss v. C. S. Goss & Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Allentown Foundry & Machine Works v. LoretzAppellate Division of the Supreme Court of the State of New York · 1897
- Assets Realization Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907
- Davis v. FogartyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by12 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Simmons v. Superior CourtCalifornia Court of Appeal · 1950
- Norton & Siegel, Inc. v. NolanNew York Court of Appeals · 1938
- Levy v. Pacific Eastern Corp.New York Supreme Court · 1935
- Keremelis v. Albany Pearl Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
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