Farnsworth v. Halstead
New York Supreme Court
Action by Ezra Farnsworth and others against William M. Halstead and others constituting the firm of Halstead, Haines & Co., for goods sold and delivered. Defendants admit the allegations of the complaint, and plead in bar a former recovery by plaintiffs on the same cause of action. Plaintiffs move to strike out the answer as sham.
1Opinion of the CourtO’Brien, J.
This action is brought to recover the sum of $4,842.68 for goods sold and delivered to the defendants as copartners. The defendants admit all the allegations of the complaint, but allege that plaintiffs recovered a judgment against the defendants for the same cause of action, and this they plead in bar. The judgment referred to was upon an offer signed by three of the defendants as copartners. It is by this motion sought, pursuant to section 538 of the Code, to strike out the answer as sham. Under our practice such a motion cannot prevail. In Webb v. Foster, 45 N. Y. Super. Ct. 312, it is…
2Cases cited1 opinion
- Hadden v. New York Silk Manufacturing Co.New York Court of Common Pleas · 1860
3Cited by4 opinions
- Albany County Bank v. RiderNew York Supreme Court · 1893
- Goodwin v. ThompsonNew York Supreme Court · 1895
- Central Bank v. TheinNew York Supreme Court · 1894
- Westervelt v. MorrelleCity of New York Municipal Court · 1899