Masters v. De Zavala
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph W. Masters, 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 22d day of January, 1900, directing' him to serve a reply to the new matter in the paragraphs of the defendants’ answer numbered 4th, 5th, 6th, ’Tt-h and 8th.
1Opinion of the Court
McLaughlin, J.:
This is an appeal from an order directing the plaintiff to reply to new matter set up in the answer.
The complaint alleges that the firm of Stewart & Bros, brought an action in the United States Circuit Court to recover excessive duties paid on importations; that the action was prosecuted to and *270resulted in a judgment in their favor in the sum of $5,186.73, which sum was collected, by the defendant's-; that the same belonged to the plaintiff by assignment, but that the defendants have refused to pay it, notwithstanding a demand has been made therefor.
The answer alleges that the…
2Cited by1 opinion
- Merinos Viesca Y Compania, Inc. v. Pan American Petroleum & Transport Co.District Court, E.D. New York · 1930