Bayer v. Doscher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Doscher, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡Rensselaer on the 24th day of February, 1910, upon the decision of the court after á trial at the Ulster Special Term, sustaining a demurrer to a defense in the answer and giving judgment in favor of the plaintiff for the amount claimed in the complaint.
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Appeal by the defendant, John H. Doscher, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡Rensselaer on the 24th day of February, 1910, upon the decision of the court after á trial at the Ulster Special Term, sustaining a demurrer to a defense in the answer and giving judgment in favor of the plaintiff for the amount claimed in the complaint. The complaint for a first cause of action alleges that the plaintiff rendered services and furnished material to the defendant which were reasonably worth and for which he promised to…
1Opinion of the Court
CooHRANE, J. :.The answer is insufficient as a defense to the causes-of action alleged in the complaint because there is no connection shown between the money alleged to have" been levied upon as the., property of the plaintiff and such causes, of action. That money ipay have represented any other transaction between the parties. Money belonging to-a judgment debtor may be levied upon under an execution. (Code Civ. Prqc. §• 1410.) But if the defendant had .in his possession money belonging to the plaintiff which was. thus levied upon that could not affect the cause' of action against…
2Cases cited4 opinions
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- McNeeley v. . WelzNew York Court of Appeals · 1901
- Clark v. WarrenNew York Supreme Court · 1872
- Genovese v. MatelliCity of New York Municipal Court · 1894