Davis v. Aikin
New York Supreme Court
Appeal from Niagara county court. Action by Henry M. Davis against Benjamin Aikin. From the judgment of the county court reversing a judgment of the justice’s court, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The principal cause of action in the plaintiff’s complaint was for professional services, as an attorney, rendered by him to the defendant, and the case presents the question whether that cause of action was barred, under the provisions of section 2947 of the Code of Civil Procedure, by the neglect of the plaintiff to interpose it as a counterclaim in an action previously brought by the defendant against him. The answer to the question depends upon the nature and circumstances of the last-mentioned action.
The provisions of the statute referred to are as follows:
“Where the defendant, in an…
2Cases cited1 opinion
- Rochester Distilling Co. v. O'BrienNew York Supreme Court · 1893
3Cited by7 opinions
- Britton v. . FerrinNew York Court of Appeals · 1902
- De Forest v. AndrewsNew York Supreme Court · 1899
- A. D. Kneuper Specialty Co. v. KneuperAppellate Division of the Supreme Court of the State of New York · 1916
- Clifft v. MercerAppellate Division of the Supreme Court of the State of New York · 1903
- Clift v. MercerAppellate Division of the Supreme Court of the State of New York · 1903
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