Smith v. Rowe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wesley U. Rowe, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the lOtli day of October, 1899, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining the plaintiffs’ demurrer to the counterclaims set up in the said defendant’s answer.
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Appeal by the defendant, Wesley U. Rowe, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the lOtli day of October, 1899, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining the plaintiffs’ demurrer to the counterclaims set up in the said defendant’s answer. The action was commenced on the 10th day of August, 1898, to recover the purchase price of certain goods sold and delivered to the defendants Wanamakers and Ogden, under and pursuant to an agreement…
1Opinion of the Court
McLennan, J.:
Section 501 of the Code of Civil Procedure provides as follows :
“ The counterclaim specified in the last section must tend in some way to diminish or defeat the plaintiff’s recovery, and must be one of the following causes of action against the plaintiff, or, in a proper case, against the person whom he represents and in favor of the defendant, or of one or more defendants between whom and the plaintiff a separate judgment may be had in the action.
“1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s…
2Cases cited2 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
3Cited by3 opinions
- Bentley v. JenneWyoming Supreme Court · 1925
- O'Brien v. DwyerAppellate Division of the Supreme Court of the State of New York · 1902
- O'Brien v. DwyerAppellate Division of the Supreme Court of the State of New York · 1902