People of State of N.Y. v. . Dennison
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made September 17, 1880, affirming an order of the Special Term vacating a judgment entered herein, for the amount of a counter-claim set forth in the answer, upon a remittitur from this court which directed judgment absolute against plaintiffs.
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Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made September 17, 1880, affirming an order of the Special Term vacating a judgment entered herein, for the amount of a counter-claim set forth in the answer, upon a remittitur from this court which directed judgment absolute against plaintiffs. The State, on the 9th day of September, 1879, entered into a contract with defendant Denison to do certain work upon the Erie canal, and to furnish the materials therefor, in which the other defendants were the partners of Denison. The complaint herein…
1Opinion of the CourtRapallo, J.
The General Term held, upon the. appeal from the judgment, that this action was founded upon the allegation of fraud, and reversed the j udgment and granted a new trial on the ground, among others, that the plaintiff, having failed to establish the fraud alleged, could not maintain the action on the theory that a liability founded on contract was disclosed by the evidence.
That decision was affirmed by this court, * and it was distinctly held by us that this was an action for a tort, and not upon contract.
It was consequently an action in which a counter-claim founded on contract could not…
2Cases cited7 opinions
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- Reeside v. WalkerSupreme Court of the United States · 1851
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