Legal Opinion
Poswick v. Cutten
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 1939PublishedCited by 2 opinions
1Opinion of the CourtCallahan, J.
Plaintiff appeals from an order denying his motion to strike out the first and second complete and separate defenses contained in the answers of the respondents Cutten and Lauer, on the ground that the said defenses were insufficient in law.
Plaintiff’s complaint asserts two causes of action, both of which sound in tort; the first being a claim for damages for conversion, and the second for damages for fraud. The claims arose out of the alleged misconduct of respondents in connection with the purchase of certain stocks by plaintiff.
The answer sets forth two purported complete defenses: the…
2Cases cited9 opinions
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Crawford v. BurkeSupreme Court of the United States · 1904
- Terry v. . MungerNew York Court of Appeals · 1890
- Friend v. TalcottSupreme Court of the United States · 1931
- Bruff v. . MaliNew York Court of Appeals · 1867
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3Cited by2 opinions
- In re the Examination in Supplementary Proceedings of RileyAppellate Division of the Supreme Court of the State of New York · 1943
- C. T. Fuller and Louisiana Stud, Inc. v. Fasig-Tipton Company, IncorporatedCourt of Appeals for the Second Circuit · 1978