Martin v. Kanouse
New York Supreme Court
Appeal from an order of the special term, rendering judgment for plaintiff on a demurrer and answer, as frivolous. The complaint in this action set forth that Couthout and Bleecker had formerly recovered a judgment against the defendant Kanouse, of which the plaintiff had become the owner, by purchase and assignment.
Read the full summary
Appeal from an order of the special term, rendering judgment for plaintiff on a demurrer and answer, as frivolous. The complaint in this action set forth that Couthout and Bleecker had formerly recovered a judgment against the defendant Kanouse, of which the plaintiff had become the owner, by purchase and assignment. That the defendant had since recovered a judgment against the plaintiff; which was recovered in certain suits in error in the New York Superior Court and in the Supreme Court of the United States. These suits in error arose out of an action brought by the plaintiff against the…
1Opinion of the CourtMitchell, J.
The defendant appeals from an order of the special term, pronouncing his answer frivolous. On such appeal if the answer does not establish a good defence, the general term should sustain the order made, although it might not regard the answer as frivolous. The plaintiff shows that Couthout and Bleecker obtained a judgment against Kanouse, that Bleecker died, and then Couthout, as survivor, assigned the judgment to the plaintiff; that Kanouse also recovered judgment against the plaintiff, and the object of the action is to set-off one judgment against the other. The question intended to be…
2Cited by3 opinions
- Otis v. Mechanics' BankSupreme Court of Missouri · 1864
- Smith v. HarrisonSupreme Court of Alabama · 1859
- Cottrill v. CramerWisconsin Supreme Court · 1876