Rider v. Foggan
New York Supreme Court
Appeal from judgment on report of referee. Action by Victor Rider and another against Robert Foggan. Defendant appeals from a judgment for plaintiffs entered on trial by a referee. Code Civil Proc. FT. Y. § 514, provides that a reply to a counter-claim may set forth “new matter not inconsistent with the complaint, constituting a defense to the counter-claim.”
1Opinion of the CourtMacomber, J.
This action is brought to recover the purchase price of a saw-mill, with the logs and timber thereon, under a sale by the plaintiffs to the defendant, made on the 25th day of January, 1875, the defendant to pay $1,300 therefor on the 28th day of February, 1875. The demand was for judgment of this sum, with interest. The an'swer of the defendant alleged that the plaintiffs and the defendant were copartners at the time of, and prior to, the making of this contract, engaged in a general lumber business, and jointly owned the saw-mill described in the complaint. It admitted the purchase of the…
2Cases cited1 opinion
- Ludington v. TaftNew York Supreme Court · 1851
3Cited by1 opinion
- Goossen v. GoossenNew York Court of Common Pleas · 1895