Currie v. Cowles
The Superior Court of New York City
John" R. Currie is plaintiff in this action, and Edward P. Cowles and Wife, and the President, Directors and Company of the Housatonic Bank, are the defendants. The suit was commenced October 15, 1855. The complaint states that William and James Currie owned the houses and lots, No. 263 Tenth street; Nos. 131 and 133 Eleventh street, and No. 58 East Twenty-Sixth street, in the city of New York, and being embarrassed, assigned them to Gr.
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John" R. Currie is plaintiff in this action, and Edward P. Cowles and Wife, and the President, Directors and Company of the Housatonic Bank, are the defendants. The suit was commenced October 15, 1855. The complaint states that William and James Currie owned the houses and lots, No. 263 Tenth street; Nos. 131 and 133 Eleventh street, and No. 58 East Twenty-Sixth street, in the city of New York, and being embarrassed, assigned them to Gr. H. Hendrickson, who contracted to sell them to one Van Pelt, and the latter assigned the contract to the plaintiff who applied to E. P. Cowles “ as an…
1Opinion of the Court
Bosworth, Ch. J.
If the appellant was entitled to a credit for the just value of any of the services, rendered by him for the plaintiff, which are set up in the answer, the judgment is necessarily erroneous.
In the answer they are set up “ as a counterclaim,” and $1,500 is alleged to be their value, and a judgment of $1,500 as their value is prayed. That the pleading is so defective in form that a motion that it be made more definite and certain would have been granted, may be conceded for the purposes of the present inquiry; and yet it will not follow that the appellant should not have been…
2Cases cited3 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Brower v. OrserThe Superior Court of New York City · 1858