Chaffee v. Morss
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon the verdict of a jury. (S. C., briefly reported, 5 Hun, 708.)
1Opinion of the Court
By the Court, Bockes, J.
The plaintiff, by his complaint, claimed to recover against the defendant for cnttingl,690 hemlock logs, at defendant’s request, and at the stipulated price of ten cents each.
The defendant, by his answer, denied each and every allegation- of the complaint; also set up that the contract for cutting the logs was made with the plaintiff and one John Chaffee, and that it was not performed, t'o his damage of one hundred dollars; which sum he urged as a counter claim.
The answer does not, in terms and in due form, set up, as a separate and distinct defence, the non-joinder of…
2Cited by4 opinions
- Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893
- Duffus v. SchwingerNew York Supreme Court · 1895
- Draper v. Town of SpringportDistrict Court, N.D. New York · 1883
- France v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1898