Goss v. C. S. Goss & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal bv the defendant, Clair Foster, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 27th day of April, 1908, denying the said defendant’s motion to strike one of the issues herein from the Special Term calendar.
1Opinion of the Court
Clarke, J.:
This action was brought to recover on two promissory notes made by the defendant Goss & Co. to the defendant Foster, indorsed by him and delivered to the plaintiff. The defendant Foster in his answer sets up as a separate defense and by way of counterclaim an equitable cause of action which, if established, would not only constitute a defense to the notes sued on, but would entitle the defendant to an affirmative judgment appropriate only in an action in equity. .
The plaintiff served a notice of trial for the issues set up in the complaint and in the first separate defense and…
2Cited by17 opinions
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Oppenheimer v. Carabaya Rubber & Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- City of New York v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1913
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Samuel Strauss & Co. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
12 more not listed; retrieve them via the Exa API.