Legal Opinion

John Church Co. v. Clarke

New York Supreme Court

Decided May 18, 1894PublishedCited by 4 opinions

Appeal from circuit court, Chemung county. Action by the John Church Company against George H. Clarke. From a judgment entered on a verdict in favor of defendant, and from an order of the special term (25 N. Y. Supp. 949) denying a motion for a new trial, plaintiff appeals. Reversed.

1Per curiam

On the trial, the plaintiff offered to prove that the defendant was not, at the commencement of the action, the own*871er of the demand set up in his answer as a counterclaim. This evidence was excluded upon the ground that it was not admissible under the pleadings. The reply consisted of a general denial of the matters set up as a counterclaim. The correctness of this ruling is challenged by the appellant, and presents the only question involved on this appeal. The Code, so far as applicable to the question, provides that, in an action on contract, any other cause of action on contract existing…

2Cases cited3 opinions

  1. Milbank v. . JonesNew York Court of Appeals · 1894
  2. Rice v. O'ConnorNew York Supreme Court · 1860
  3. Van Valen v. LaphamThe Superior Court of New York City · 1856

3Cited by4 opinions

  1. Texas Co. v. Borne Scrymser Co.Court of Appeals for the Fourth Circuit · 1933
  2. Groff v. FriedlineAppellate Terms of the Supreme Court of New York · 1896
  3. Starks v. Rhodes, New York County Courts1909
  4. Kalb v. LeffCity of New York Municipal Court · 1930

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