Legal Opinion

Bowsky v. Schlichten

Appellate Terms of the Supreme Court of New York

Decided December 22, 1911Published

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

  1. Clark v. . DillonNew York Court of Appeals · 1884
  2. Ampersand Hotel Co. v. . Home Ins. Co.New York Court of Appeals · 1910
  3. Moss v. WittemanNew York Court of Common Pleas · 1893

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