Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bubber Goods' Manufacturing Company, from an interlocutory judgment .of the Supreme Court in favor of the plaintiff, entered in the office of the -clerk of the ' county of New York on the 8th day of July, 1905, upon the decision of the court, rendered after a trial at the New'York Special Term, overruling nine-demurrers interposed by the defendant to nine separate replies of the'plaintiff to the first and fourth counterclaims set forth in the…
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Appeal by the defendant, the Bubber Goods' Manufacturing Company, from an interlocutory judgment .of the Supreme Court in favor of the plaintiff, entered in the office of the -clerk of the ' county of New York on the 8th day of July, 1905, upon the decision of the court, rendered after a trial at the New'York Special Term, overruling nine-demurrers interposed by the defendant to nine separate replies of the'plaintiff to the first and fourth counterclaims set forth in the answer.
1Opinion of the Court
Clarke, J.:. The complaint alleges a contract between plaintiff’s assignor, the American Bicycle Company, and the defendant, due performance on the part of its assignor, and the breach thereof on the part of defendant in that it has neglected and refused to pay the sum of $2.00^000, which, under the terms of said agreement, became due and payable on the 8th day o'f November, 19[)2, and demands judgment therefor. The answer sets up various defenses' and counterclaims arising out of the same contract. The-fourth counterclaim alleges a breach by the plaintiff’s assignor of 'the contract, as…
2Cases cited4 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Todd v. Union Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Oswego Falls Corp. v. City of FultonNew York Supreme Court · 1933
- Sasse v. Order of United Commercial Travelers of AmericaAppellate Division of the Supreme Court of the State of New York · 1915
- Grant v. Cobre Grande Copper Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Jackson v. PesciaNew York Supreme Court · 1909
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1908
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