Silberstein v. . Begun
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 5, 1920, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Trial Term, a jury having been waived. The rule against splitting causes of action has no application to the case of a counterclaim interposed in a court of limited jurisdiction. (Gordon v. Van Cott, 38 App. Div. 564; Webster v. Armstrong, 1 C. & El.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 5, 1920, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Trial Term, a jury having been waived. The rule against splitting causes of action has no application to the case of a counterclaim interposed in a court of limited jurisdiction. (Gordon v. Van Cott, 38 App. Div. 564; Webster v. Armstrong, 1 C. & El. N. P. 471.) Not only the common law but also the statute supports plaintiffs’ contention. The Municipal Court Code as…
1Opinion of the CourtMcLaughlin, J.
The defendants brought an action in the Municipal Court of the city of New York against these plaintiffs to recover from them $161.13 for goods sold and delivered. The defendants (plaintiffs in this action) interposed a counterclaim for $3,155, damages alleged to have been sustained for the breach of a contract to deliver certain merchandise. At the conclusion of the trial judgment was rendered in favor of the defendants for the sum of $1,000 on their counterclaim, less $161.13, the amount of the plaintiffs’ claim, which the defendants conceded to be due. Thereafter, this action was brought…
2Cases cited6 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Dunham v. . BowerNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Geracy, Inc. v. HooverCourt of Appeals for the D.C. Circuit · 1942
- Sklarsky v. Great Atlantic & Pacific Tea Co.District Court, S.D. New York · 1931
- McChesney v. MooreDistrict of Columbia Court of Appeals · 1951
- 2525-7th Ave. Corp. v. KnightAppellate Division of the Supreme Court of the State of New York · 1940
- United States v. Morley Const Co.District Court, W.D. New York · 1935
18 more not listed; retrieve them via the Exa API.