Del Valle v. Navarro
New York Supreme Court
Demurrer to reply. Jose A. Del Valle brought this action against Jose F. Navarro and James Clyne alleging that the parties had entered into an agreement reciting that the Commercial Warehouse Company had been adjudged a bankrupt and a composition proposed at the rate of 50 per cent, and that the plaintiff, the party of the first part in the agreement, a creditor, was willing to accept the terms, but desirous of getting cash, and the parties of the second part were willing- ■…
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Demurrer to reply. Jose A. Del Valle brought this action against Jose F. Navarro and James Clyne alleging that the parties had entered into an agreement reciting that the Commercial Warehouse Company had been adjudged a bankrupt and a composition proposed at the rate of 50 per cent, and that the plaintiff, the party of the first part in the agreement, a creditor, was willing to accept the terms, but desirous of getting cash, and the parties of the second part were willing- ■ to purchase the notes which were to be given plaintiff under the composition, and agreeing on such a purchase at a…
1Opinion of the CourtIngraham, J.
The answer in this action alleges that the agreement sued on was obtained by the false and fraudulent representations that the Commercial Warehouse Company was indebted to the plaintiff, and asks as affirmative relief that the agreement be decreed void and can-celled, and to this a reply was necessary.
Under section 514 of the Code such reply may contain a denial of each material allegation of the answer, and also new matter not inconsistent with the complaint constituting a defense to the counterclaim, and by section 517 of the Code the reply could contain two or more distinct avoidances to…
2Cited by5 opinions
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