Rothschild v. . Whitman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 6, 1890, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and sustained a demurrer to a counter-cjaim pleaded by three of the' defendants.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 6, 1890, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and sustained a demurrer to a counter-cjaim pleaded by three of the' defendants. The plaintiff alleged in his complaint that, on the 1st of September, 1887, the defendants, “ not haying any just or probable cause of action against the plaintiff, did * * * wrongfully, unlawfully and maliciously begin an action against” Mm, and “ did cause to be issued out of the Supreme…
1Opinion of the CourtVann, J.
A counter-claim must tend in some way to defeat or diminish the plaintiff’s recovery, and must be either (1) a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action, or (2) in an action, on contract, any other cause of action on contract existing at the commencement of the action. (Code Civ. Pro. § 501.). The counter-claim in question is a cause of action tending to-diminish the plaintiff’s recovery, and to that extent, conforms, to the requirements of the statute. As this…
2Cases cited4 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Thompson v. . KesselNew York Court of Appeals · 1864
- Schnaderbeck v. WorthNew York Supreme Court · 1858
3Cited by16 opinions
- In re HarperDistrict Court, N.D. New York · 1910
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Van v. MaddenAppellate Division of the Supreme Court of the State of New York · 1909
- Ludlow v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1896
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