Legal Opinion
Long Beach Trust Co. v. Warshaw
New York Court of Appeals
Decided May 22, 1934PublishedCited by 13 opinions
1Opinion of the Court
Pound, Ch. J.
The action is on a promissory noue in the principal amount of $5,300. The complaint allows a credit against this sum of $329.78, and claims a net balance of $4,970.22. The answer admits the essential allegations of the complaint, but pleads “ for a separate and distinct defense and by way of setoff and counterclaim ” the rendition by the defendant (who is an attorney) to the plaintiff of legal services of the value of $5,000. The answer does not demand affirmative judgment, but only a dismissal of the complaint.
The substantial question presented is whether the counterclaim is…
2Cases cited2 opinions
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Societa Principessa Iolanda Margherita Di Savoia (Fondata Dai Bonitesi), Inc. v. BroderickNew York Court of Appeals · 1932
3Cited by13 opinions
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- In the Matter of the Liquidation of The Home Insurance CompanySupreme Court of New Hampshire · 2014
- Otto v. Lincoln Savings BankAppellate Division of the Supreme Court of the State of New York · 1944
- Clark v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1948
- Kress v. Central Trust Co.New York Supreme Court · 1934
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