Alpaugh v. Battles

The amended answer of the defendant, appellant, was served pursuant to permission granted at Special Term upon the dismissal of a similar counterclaim which had been interposed by the defendant, appellant, in his original *324answer to the amended complaint. The dismissal of the counterclaim by the order appealed from was upon the ground that the counterclaim set forth in the defendant, appellant’s said answer was not one which he could legally assert, herein because it was owned by himself and four others, all constituting the copartnership known as Battles & Company. The defendant, appellant,…