Botts v. Mercantile Bank of Memphis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Botts, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York, denying his motion to compel the defendant (a) to state its defenses and counterclaims separately; (b) to state its defenses separately; (c) to state its counterclaims separately, or (d) to strike out as irrelevant and immaterial certain allegations relative to the law of Tennessee.
1Opinion of the Court
Dowling, J.:
This action is brought to recover from defendant, a corporation organized under the laws of the State of Tennessee, the sum of $12,489.50, alleged to have been paid to and deposited with it for the use of Madison Foster, who thereafter assigned his interest therein to plaintiff. The defendant heretofore interposed an answer containing two counterclaims, to which a demurrer having been interposed, the same was overruled. On appeal to this court, the demurrer to the second counterclaim was unanimously overruled and the demurrer to the first counterclaim was sustained by a divided
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2Cases cited1 opinion
- Botts v. Mercantile BankAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by5 opinions
- Goelet v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1930
- DeWitt v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Jones v. Freeman's Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Toll v. FriedmanNew York Supreme Court · 1946
- Weinstein v. Ken-Wel Sporting Goods Co.Appellate Division of the Supreme Court of the State of New York · 1930