Bowsky v. Schlichten
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Louis Bowslty against George William Schlichten. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGiegerich, J.
[1] In an action for rent, the defendant pleaded certain new matter as a second defense and certain further new matter which he characterized as a “third separate and distinct defense by way of counterclaim.” No affirmative judgment upon the counterclaim was demanded by the answer, and none, consequently, could have been given (Code Civ. Proc. § 509); but this did not prevent the assertion of the counterclaim as an offset to the plaintiff’s demand. The plaintiff, however, neither demurred nor replied to the counterclaim ; and, with the pleadings in this condition, the case was brought on to…
2Cases cited3 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Ampersand Hotel Co. v. . Home Ins. Co.New York Court of Appeals · 1910
- Moss v. WittemanNew York Court of Common Pleas · 1893