Rando v. National Park Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Rando, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 24th day of Rovember, 1909, granting leave to the defendant bank to bring an action against the plaintiff upon "a judgment recovered by it against him in the Supreme Court on the 15th day of May, 1909, for the sum of $12,978.90, or at the option of the defendant, to serve an amended answer herein…
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Appeal by the plaintiff, Frank Rando, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 24th day of Rovember, 1909, granting leave to the defendant bank to bring an action against the plaintiff upon "a judgment recovered by it against him in the Supreme Court on the 15th day of May, 1909, for the sum of $12,978.90, or at the option of the defendant, to serve an amended answer herein setting up said judgment as a counterclaim.
1Opinion of the Court
Laughlin, J.:
The pleadings in this action are not in the record, but it appears by affidavit that it is brought to recover the sum of $16,500 for the conversion of coal, and that the judgment which the defendant recovered against the plaintiff was on the acceptance of a draft accompanied by a bill of lading for the same coal. The question as to whether the judgment is a proper counterclaim to the plaintiff’s cause of action is not presented for adjudication, and doubtless that question should be left to be determined upon the trial of the issues. The questions argued on this appeal relate to…
2Cases cited9 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- McGuinty v. HerrickNew York Supreme Court · 1830
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- De Camp v. . ThomsonNew York Court of Appeals · 1899
- Davidson v. . AlfaroNew York Court of Appeals · 1880
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3Cited by3 opinions
- Barber v. EllingwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Knickerbocker Trust Co. v. CondonAppellate Division of the Supreme Court of the State of New York · 1911
- Kelly v. StruthAppellate Division of the Supreme Court of the State of New York · 1914