Hammond v. Terry
New York Supreme Court
Appeal from judgment entered on a referee’s report. This action was brought to recover the amount due on a promissory note given by the appellant to the respondent for the purchase price of one-half of a threshing machine. The only relief asked for by the complaint is a judgment for the amount found due on the note. Soon after the giving of the note, the parties entered into a partnership for the purpose of threshing grain.
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Appeal from judgment entered on a referee’s report. This action was brought to recover the amount due on a promissory note given by the appellant to the respondent for the purchase price of one-half of a threshing machine. The only relief asked for by the complaint is a judgment for the amount found due on the note. Soon after the giving of the note, the parties entered into a partnership for the purpose of threshing grain. The partnership transactions were not at the time of the trial settled. The answer admits the giving of the note, sets up the partnership, asks for an accounting, and if…
1Opinion of the Court
By the Court —
Miller, P. J.
The main question to be determined in this case is in regard to the construction to be put upon section one hundred and fifty of the Code of Procedure, which provides “ that the defendant may set forth by answer as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.”
This enactment has repeatedly been the subject of judicial interpretation, and, whatever opinion might be entertained, if the question now raised was an original one, and presented for the first time, in accordance with a…
2Cases cited2 opinions
- Ayres v. O'FarrellThe Superior Court of New York City · 1863
- Ives v. MillerNew York Supreme Court · 1855
3Cited by3 opinions
- Story v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1904
- Carpenter v. Manhattan Life InsuranceNew York Supreme Court · 1880
- Myers v. RosenbackNew York Court of Common Pleas · 1895