Johnson v. Tyng
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles B. Tyng, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office ■of the clerk of the county of New York on the 10th day of October, 1896, upon, the verdict of a jury rendered by direction of the •court. The complaint set up two causes of action : (1) For work, labor,services and ináterials furnished the defendant, and (2) upon an account stated.
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Appeal by the defendant, Charles B. Tyng, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office ■of the clerk of the county of New York on the 10th day of October, 1896, upon, the verdict of a jury rendered by direction of the •court. The complaint set up two causes of action : (1) For work, labor,services and ináterials furnished the defendant, and (2) upon an account stated. The answer contained a general denial and also set up as a counterclaim “ that the plaintiff, without cause therefor,- or default upon the part of the defendant, unnecessarily and…
1Opinion of the Court
Ingraham, J.:
The only question presented on this appeal is whether the court below was correct in dismissing the counterclaim set up in the answer. When this case was before this court on a former, appeal, it was held that this counterclaim was properly dismissed, because, “ even if plaintiff was guilty of a breach, the defendant. proved no damage resulting therefrom, and for the weightier reason that we think the evidence shows that the first breach was committed by the defendant in refusing to make payments in accordance with the terms of the contract.” (1 App. Div. 610.) It having been…
2Cases cited1 opinion
- Johnson v. TyngAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Cochran v. HamblenCourt of Appeals of Texas · 1919
- Barnett v. CohenAppellate Terms of the Supreme Court of New York · 1908
- Rosenthal v. BecherCity of New York Municipal Court · 1936