J. M. & L. A. Osborn Co. v. Kennedy
New York Supreme Court
Demurrer by the plaintiff to the third counterclaim contained in defendant’s answer brought on to be heard as a contested motion.
1Opinion of the CourtStephens, J.
The action is brought to recover the purchase price of merchandise sold by plaintiff to the *616defendant; the counterclaim, alleges a cause of action for damages sustained by the defendant by reason of an attachment wrongfully levied in this action upon his property including said merchandise.
The grounds of the demurrer are that the counterclaim does not state a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim or connected, with the subject of the action and that it does not state facts sufficient to constitute a…
2Cases cited18 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Nolle v. ThompsonCourt of Appeals of Kentucky · 1860
- Ter Kuile v. MaralandNew York Supreme Court · 1894
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