Bennett v. Lawrence
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel A. Bennett, from an order of the City Court of Yonkers, entered in the office of the clerk of said' .court on the 29th day of January, 1902, directing the plaintiff to make his amended reply more definite and certain.
1Opinion of the Court
Goodrich, P. J.:
In an action on a promissory note for $354.69, commenced October 24, 1901, the defendant served an amended answer on January 2, 1902, in which he counterclaimed a judgment of $40.70 for costs in an involuntary bankruptcy proceeding against the defendant, commenced by the plaintiff and by Cole and Schupner and decided in favor of the defendant before the commencement of the present action, and alleged that the plaintiff had not paid the same.
The plaintiff served his reply on January eighth, alleging that on January 2, 1902, Cole paid the defendant the said costs. The defendant…
2Cases cited2 opinions
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
3Cited by8 opinions
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Pigone v. LauriaAppellate Division of the Supreme Court of the State of New York · 1906
- Marco v. SachsAppellate Division of the Supreme Court of the State of New York · 1946
- People v. GoldingNew York Supreme Court · 1907
- Updike v. MaceAppellate Division of the Supreme Court of the State of New York · 1913
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