Brown v. Buckingham
New York Supreme Court
Demurrer to complaint The plaintiffs stated in their complaint, that they were the owners, and entitled to the immediate possession, of three hundred and twenty-five pounds of silk, of the value of one thousand dollars, which was delivered to the defendant for the special purpose of being manufactured into sewing or fringe silk, and which had been so manufactured; and which silk the defendant illegally detained, after demand thereof; and they demanded judgment for the…
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Demurrer to complaint The plaintiffs stated in their complaint, that they were the owners, and entitled to the immediate possession, of three hundred and twenty-five pounds of silk, of the value of one thousand dollars, which was delivered to the defendant for the special purpose of being manufactured into sewing or fringe silk, and which had been so manufactured; and which silk the defendant illegally detained, after demand thereof; and they demanded judgment for the possession of the silk, or for one thousand dollars, the value thereof, in case it cannot be delivered, and for damages and…
1Opinion of the CourtBonney, J.
The first point made by the plaintiffs, on their demurrer, is that a counter-claim cannot be pleaded in an action for the possession of personal property.
The Code, in general terms, and without limitation as to the nature of the action, provides (§§ 149, 150) that the answer may contain a statement of any new matter constituting a counter-claim, which is a cause of action, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs’ claim, or connected with the subject of the action. This language is sufficiently comprehensive to include the…
2Cases cited1 opinion
- Van Schaick v. WinneNew York Supreme Court · 1852
3Cited by4 opinions
- Empire Dairy Feed Co. v. Chatham National BankAppellate Division of the Supreme Court of the State of New York · 1898
- Chamboret v. CagneyThe Superior Court of New York City · 1871
- McCargar v. WileyOregon Supreme Court · 1924
- Thomas v. Loaners' BankThe Superior Court of New York City · 1875