Legal Opinion

Krauss Engineering Co. v. McKinnon

Appellate Terms of the Supreme Court of New York

Decided February 15, 1910Published

Appeal from an order of the 'City Court of the city of Raw York denying plaintiff’s motion to direct the defendant to separately state and number the defenses set up in his answer.

1Opinion of the CourtWhitney, J.

The action is for conversion of money received by the defendant, which the plaintiff claims was re*182ceived by him in his capacity as vice-president of the plaintiff company. The plaintiff company alleges in its complaint that it entered into an agreement in writing with a third party, known as the Barnard Realty Company, to furnish certain labor and materials in connection with a steam heating plant, for which the said realty company agreed to pay the sum of $825. They allege that all the conditions of this agreement were duly performed on their part; that the said realty company paid to the…

2Cases cited4 opinions

  1. Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
  2. Rodgers v. . ClementNew York Court of Appeals · 1900
  3. Joyce v. Mayor of New YorkNew York Court of Common Pleas · 1861
  4. People ex rel. McEnroe v. WellsAppellate Division of the Supreme Court of the State of New York · 1903

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