Segal v. Jackson
New York Supreme Court
1Opinion of the CourtEder, J.
Motion to dismiss counterclaim as failing to state facts sufficient to constitute a cause of action is granted.
The plaintiff was appointed in a certain accounting action referee to hear and determine; he required a transcript of the stenographer’s minutes which was furnished to him by the defendants who also ordered a copy for their own use; the cost to them was $431. Plaintiff sues to recover his fees as such referee; the defendants contest and have interposed a counterclaim to recover said sum of $431.
The theory upon which the counterclaim is predicated is that implicit in the plaintiff’s…
2Cases cited7 opinions
- East River Gas-Light Co. v. . DonnellyNew York Court of Appeals · 1883
- In Re Proving the Alleged Last Will & Testament of HathawayNew York Court of Appeals · 1877
- Bottome v. NeeleyAppellate Division of the Supreme Court of the State of New York · 1908
- Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
- Bottome v. . NeeleyNew York Court of Appeals · 1909
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3Cited by2 opinions
- Lockwood v. Village of Buchanan, New York County Courts1959
- People v. KalnokiAppellate Division of the Superior Court of California · 1992