Botts v. Mercantile Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Botts, 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 6th day of October, 1914, as resettled by an order entered in said clerk’s office on the 15th day of October, 1914, denying plaintiff’s motion for a judgment on the pleadings and overruling his demurrer to two counterclaims.
1Opinion of the Court
Scott, J.:
The action is brought by the assignee of one Madison Foster to recover certain sums deposited in defendant bank by said Foster.
*881The answer, in addition to denying the assignment of the cause of action to plaintiff, sets up two counterclaims to which plaintiff demurs. By the order appealed from both counterclaims are sustained.
The first counterclaim attempts to set up a cause of action in favor of defendant and against plaintiff’s assignor, based upon a statute of Tennessee. This statute is thus alleged in the answer:
“Sec. 3166. 'Gaming contracts.— Any sale, contract or agreement for…
2Cases cited5 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Springs v. JamesAppellate Division of the Supreme Court of the State of New York · 1910
- Springs v. . JamesNew York Court of Appeals · 1911
- Causidere v. BeersNew York Court of Appeals · 1865
3Cited by2 opinions
- Botts v. Mercantile Bank of MemphisAppellate Division of the Supreme Court of the State of New York · 1917
- Cohen v. RothschildAppellate Division of the Supreme Court of the State of New York · 1918