Clinton v. Eddy
New York Supreme Court
The essential controversy grew out of a sum of $115, belonging two-thirds to plaintiff and one-third to defendant, which the plaintiff claimed had been paid to defendant in 1854, and the defendant claimed the same money had been paid to the plaintiff. The plaintiff therefore set up, as a substantive cause of action, that defendant was indebted to him for two-thirds of said $115, and interest.
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The essential controversy grew out of a sum of $115, belonging two-thirds to plaintiff and one-third to defendant, which the plaintiff claimed had been paid to defendant in 1854, and the defendant claimed the same money had been paid to the plaintiff. The plaintiff therefore set up, as a substantive cause of action, that defendant was indebted to him for two-thirds of said $115, and interest. The defendant answered denying such indebtedness and the receipt of said moneys, and alleged that plaintiff received the same; and claimed for affirmative relief that plaintiff was indebted to him for…
1Opinion of the Court
Present — Balcom, Boardman and Parker, JJ.
By the Court
Boardman, J.
The plaintiff claims that he is entitled to two-thirds of a sum of money received by defendant by virtue of a contract in relation thereto between the parties. The defendant denies the receipt of such money; alleges the plaintiff received it and by virtue of the same contract, and claims to recover his one-third thereof from plaintiff. This is clearly a counter-claim under the Code. It is new matter constituting a counter-claim existing in favor of the defendant and against the plaintiff, between whom a several judgment might…
2Cases cited10 opinions
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- Vassear v. . LivingstonNew York Court of Appeals · 1855
- Pattison v. RichardsNew York Supreme Court · 1856
- Thompson v. . KesselNew York Court of Appeals · 1864
- Xenia Branch of State Bank of Ohio v. LeeThe Superior Court of New York City · 1858
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3Cited by2 opinions
- Wilder v. BoyntonNew York Supreme Court · 1872
- Moser v. CochraneNew York Court of Common Pleas · 1885