Howard Iron Works v. Buffalo Elevating Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1903, upon an order which reversed an interlocutory judgment of the Erie County Court overruling a demurrer to a counterclaim. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1903, upon an order which reversed an interlocutory judgment of the Erie County Court overruling a demurrer to a counterclaim. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The constitutional grant of jurisdiction to County Courts extends to counterclaims and is unlimited as to them. (Const, of N. Y. art. 6, § 14; Code Civ. Pro. §§ 340, 348; Meade v. Langford, 56 Hun, 279; Thomas v. Harmon,…
1Opinion of the CourtO’Brien, J.
The plaintiff’s complaint was filed in the County Court and judgment was demanded for about $900, alleged to he due from the defendant for work, labor and materials performed and furnished by the plaintiff at the defendant’s request.
The answer, among other things, states that the work, labor and materials described in the complaint were furnished and performed under a contract between the parties whereby the plaintiff contracted to manufacture and install at defendant’s elevator, in a good, workmanlike manner, certain machinery described, and the plaintiff warranted the work and materials…
2Cases cited2 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Hunt v. . ChapmanNew York Court of Appeals · 1873
3Cited by24 opinions
- Matter of Byrne v. PaddenNew York Court of Appeals · 1928
- In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- State v. RebastiSupreme Court of Missouri · 1924
- Marine Midland Bank, N. A. v. BowkerAppellate Division of the Supreme Court of the State of New York · 1982
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