Deiches v. Western Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maurice Deiohes, as receiver, etc., 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 24th day of May, 1913, directing that the issues raised by the defendant’s counterclaim and the plaintiff’s reply thereto be first tried at Special Term.
1Opinion of the Court
Laughlin, J.:
This is an action at law in which the defendant interposed . an equitable counterclaim, among other things, for the cancellation of an agreement made between the parties and the firm of Otto Heinze & Co., the members of which are not parties to this action. It is manifest that the members of said firm are necessary parties to any action for the cancellation of the agreement. While, therefore, the defendant has in form pleaded an equitable counterclaim for this and other relief, it is perfectly plain that the counterclaim is not good, and that the defendant was not entitled to any…
2Cases cited3 opinions
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- White v. ShontsAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Greenberg v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1935
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913