Cass v. . Higenbotam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. (Reported below, 27 Hun, 406.) This action was brought upon a promissory note, for the sum of $350. The note was admitted by the answer, but it alleged, by way of defense, that the amount of the note with interest and costs had been tendered to the plaintiff after suit brought; and, by way of counter-claim, that certain diamonds had been pledged by the defendant…
1Opinion of the CourtMiller, J.
There is no ground for the contention of the respondent’s counsel that this court has no jurisdiction over the appeal in this action.
The claim of the defendant which is sought to be interposed as a defense to the plaintiff’s demand arose out of the contract between them, and was connected with and constituted a part of the transaction. It would have been a defense by way of recoupment before the Code, and it now comes within the provisions of the Code of Civil Procedure.
The principal question arising upon this appeal relates to the validity of the tender made by the defendant of the amount…
2Cases cited4 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Becker v. . BoonNew York Court of Appeals · 1874
- Welch v. . SageNew York Court of Appeals · 1872
- Wheelock v. . TannerNew York Court of Appeals · 1868
3Cited by37 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- Kelley v. ClarkIdaho Supreme Court · 1912
- Merritt v. GouleyNew York Supreme Court · 1890
- Turner v. Commercial Savings BankCourt of Appeals of Georgia · 1916
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