Morris v. . Windsor Trust Co.
New York Court of Appeals
Appeal, by permission, -from an .order of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to counterclaims contained in the answer.
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Appeal, by permission, -from an .order of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to counterclaims contained in the answer. The Appellate Division certified the following questions: “1. Is each of the counterclaims, numbered 1 to 13, inclusive, of the character specified in section 501 of the Code of Civil Procedure ? “ 2. Do each of said counterclaims, numbered 1 to 13, inclusive, state facts sufficient to constitute a cause of action ? “3. Is each of…
1Opinion of the CourtCardozo, J.
The action is for conversion. The plaintiff sues a pledgee for the refusal to deliver the subject of the pledge after the payment of the debt which it was intended to secure. The counterclaims are based on contracts not connected with the transactions set forth in the complaint. They grow out of the indorsement of promissory notes by the bankrupt to whose estate the plaintiff has succeeded. The question is whether the defendant, when sued for the conversion of the pledge, may counterclaim upon the notes.
That the counterclaims do not come within the classes enumerated in section 501 of the…
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