L. Mitchell & Co. v. Allman

The applicant seeks the removal to the Supreme Court of a Municipal Court action instituted against the applicant herein to recover upon a promissory note duly made and delivered to the plaintiffs for merchandise admittedly purchased by the defendant. By failure to deny, the defendant admits its liability upon the note.

The defendant predicates this application upon the theory that, having interposed a counterclaim against plaintiffs for $50,000 damages for breach of contract, and since it is confined in the Municipal Court by the court’s limited jurisdiction of $3,000, it is therefore…