Hatzel v. Hoffman House
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hoffman House, New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of .Westchester on the 9 th day of December, 1895, upon a verdict of a jury rendered by direction of the court after a trial at the Westchester Circuit.
1Opinion of the Court
Pratt, J.:
This appeal raises only one question, to wit: Whether the answer of the defendant set up a counterclaim and thus rendered it incumbent upon the plaintiffs to serve a reply.
The suit was instituted to recover for labor, material and services in furnishing an electric plant for the Hoffman House.
The answer material to this discussion contained the following, to wit:
“Fourth. That the plaintiffs entered into a contract with the owner of the premises known as the- Hoffman House, to fully and properly perfect and install electric lighting appliances and appurtenances, in and about said…
2Cases cited3 opinions
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
- McElwee Manufacturing Co. v. TrowbridgeNew York Supreme Court · 1893