Pignolet v. Geer
The Superior Court of New York City
Appeal from an order denying a motion for leave to serve an amended complaint; and also for leave to renew a motion for an injunction; and also for an injunction restraining the collection of a judgment in favor of the defendant, Darius. Geer, against the plaintiff; and also for leave to make Elias S. Young and James A. Ruthven parties defendants to the action.
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Appeal from an order denying a motion for leave to serve an amended complaint; and also for leave to renew a motion for an injunction; and also for an injunction restraining the collection of a judgment in favor of the defendant, Darius. Geer, against the plaintiff; and also for leave to make Elias S. Young and James A. Ruthven parties defendants to the action. The amended complaint, upon which, in part, the motion at special term was founded, alleged that an action was commenced in this court, by the defendant Darius Geer, against the plaintiff, to recover a debt due to Geer, on the 6th of…
1Opinion of the Court
By the Court.*—Monell, J.
The only facts which we think can be considered on this appeal, as affecting the decision of the motion at special term, are, that a motion has already been made in this court to set off these judgments, which was denied, and that a motion for an injunction in this action has also-been denied. So far as any questions arise upon the denial in the opposing papers, of the equities of the plaintiff’s case, we are of opinion that such questions should not be disposed of upon a motion, but that the parties should be allowed to sustain their respective allegations by proof…
2Cases cited1 opinion
- Gay v. GayNew York Court of Chancery · 1843
3Cited by2 opinions
- Moore v. HornerIndiana Supreme Court · 1896
- Sanders v. GillettNew York Court of Common Pleas · 1878