Delano v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Warren Delano, Jr., from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Mew York on the 13th day of July, 1897, upon the decision of the court rendered after a trial at the Mew York Special Term, overruling the plaintiff’s demurrer to so much of. the amended answer as sets up a counterclaim.
1Opinion of the Court
Rumsey, J.:
The plaintiff brought an action to recover from the defendant the price of 158 shares of preferred stock and 30 shares of the common stock of the Forum.Publishing Company, which the. defendant had agreed to buy, but which he had refused to receive. In his answer to the complaint, the defendant set up a counterclaim, to which the plaintiff demurred upon the ground that it did not state facts sufficient to constitute a cause of action. ~ Upon the hearing,, that demurrer was overruled, and from the judgment entered upon that decision this appeal is taken.
The question jrresented by the…
2Cases cited4 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Morgan v. . SkiddyNew York Court of Appeals · 1875
- Baker v. . LeverNew York Court of Appeals · 1876
3Cited by4 opinions
- Slayback v. RaymondAppellate Division of the Supreme Court of the State of New York · 1904
- Chisholm v. EisenhuthAppellate Division of the Supreme Court of the State of New York · 1902
- Frank V. Strauss & Co. v. Welsbach Gas Lamp Co.New York Supreme Court · 1903
- Mincho v. Bankers' Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908