Knickerbocker Co. v. Roskopf
New York Court of Common Pleas
Appeal from city court, general term. Action by the Knickerbocker Company against Charles I. Roskopf to recover money alleged to have been fraudulently collected. From a judgment of the general term of the city court affirming an interlocutory judgment, and sustaining a demurrer to defendant’s counterclaim, with leave to defendant to serve an amended pleading, defendant appeals.
1Opinion of the CourtBischoff, J.
The judgment of the general term of the court below, from which this appeal is attempted to be taken, does not finally adjudge plaintiff’s recovery upon the demurrer interposed to defendant’s counterclaims. The judgment purports to accomplish no more than to affirm the interlocutory judgment which was directed at special term, and adjudged that the demurrer be sustained, with leave to defendant to “plead anew” within six days after its entry and service, or that, in default of such pleading, plaintiff may thereafter enter final judgment dismissing the counterclaims. In Fuller v. Tuska, (Com.…
2Cases cited1 opinion
- Fuller v. TuskaNew York Court of Common Pleas · 1892
3Cited by1 opinion
- Hess v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1898