Clapp v. Wright
New York Supreme Court
Appeal from an order made at a Special Term striking from the defendant’s answer tbe second counter-claim therein set forth.
1Opinion of the Court
Barnard,* P. J.:
The counter-claim set forth in the answer was properly stricken out. The plaintiff seeks to recover for services rendered by him to the defendant. He sets up as a counter-claim, that the plaintiff was a trustee of a manufacturing corporation, and had, by reason of a failure to file the yearly report of the company, according to the provisions of the General Manufacturing Act of 1848 (ch. 40), made himself liable for the payment of its debts, and that the defendant held debts of the company, at the time of the default, which he would prove against plaintiff’s claim.
The…
2Cases cited2 opinions
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Battell v. . BurrillNew York Court of Appeals · 1872