Van Alen v. Schermerhorn
New York Supreme Court
Motion for leave to discontinue. The action is brought to recover a balance of account. The defendant, in his answer, set up a counter-claim for costs and services as an attorney and counsellor at law. Issue was joined in December, 1849. The cause was referred ; but the referee having removed from the county, great delay has occurred in bringing the issue to trial. The plaintiff further states that the defendant is insolvent.
Read the full summary
Motion for leave to discontinue. The action is brought to recover a balance of account. The defendant, in his answer, set up a counter-claim for costs and services as an attorney and counsellor at law. Issue was joined in December, 1849. The cause was referred ; but the referee having removed from the county, great delay has occurred in bringing the issue to trial. The plaintiff further states that the defendant is insolvent. The defendant claims that there is a large balance due to him, over and above any amount which he owes the plaintiff; and that, in case the plaintiff should be allowed…
1Opinion of the Court
Harris, Justice.
When a defendant has a cause of action against a plaintiff, he may, in certain cases,-set it up by way of defence. Such a defence is called a counter-claim. There are, then, before the court two causes of action. If the defendant has denied the plaintiff’s cause of action, and the plaintiff, by *288his reply, has denied the defendant’s cause of action, there are, in fact, two distinct actions to be tried in one. Each is to be tried as though it were a separate action. Each party is entitled to affirmative relief, in respect to the cause of action he may establish, and the final…
2Cases cited1 opinion
- Seaboard & Roanoake R. R. Co. v. WardNew York Supreme Court · 1854
3Cited by11 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Electrical Accumulator Co. v. Brush Electric Co.U.S. Circuit Court for the District of Northern Ohio · 1890
- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Merritt v. GouleyNew York Supreme Court · 1890
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.