John Church Co. v. Clarke
New York Supreme Court
Appeal by the plaintiff, The John Church Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 20th day of March, 1893, upon the verdict of a jury rendered after a trial at the Chemung Circuit and also from an order entered in said clerk’s office on the 21st day of March, 1893, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
On the trial the plaintiff offered to prove that the defendant was not, at the. commencement of the action, the owner of the demand set up in his answer as a counterclaim. This evidence was excluded upon the ground that it was not admissible under the pleadings. The reply consisted of a general denial of the matters set up as a counterclaim.
The correctness of this ruling is challenged by the appellant, and presents the only question involved on this appeal. The Code, so far as applicable.to the question, provides that in an action on contract any other cause of action on contract,…
2Cases cited3 opinions
- Milbank v. . JonesNew York Court of Appeals · 1894
- Rice v. O'ConnorNew York Supreme Court · 1860
- Van Valen v. LaphamThe Superior Court of New York City · 1856