Anderson v. Carlson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gustave Carlson, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Suffolk on the 30th day of January, 1922, granting plaintiff’s motion to dismiss defendant’s counterclaim.
1Opinion of the Court
Jaycox, J.:
The defendant appeals from an order dismissing his counterclaim. The ground of dismissal was that the cause of action pleaded as a counterclaim was not against the plaintiff in the same capacity in which he sues. The plaintiff sues as administrator of his son’s estate to recover a sum of money loaned by the plaintiff’s son to the defendant. The answer admits the loan and sets up a counterclaim for a debt due from the plaintiff individually. The defendant, in his counterclaim, alleges that the plaintiff is the sole heir at law and next of kin of his son and as such is the sole owner…
2Cases cited4 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- Blood v. KaneNew York Supreme Court · 1889
- In re of the Judicial Settlement of the Accounts of SmithAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Gensinger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Conant v. SchnallAppellate Division of the Supreme Court of the State of New York · 1970
- In re the Accounting of BlumengartenAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Estate of RainbowNew York Surrogate's Court · 1936
- Moore-McCormack Lines, Inc. v. McMahonCourt of Appeals for the Second Circuit · 1956
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