Scott Shoe Machinery Co. v. Broaker
City of New York Municipal Court
Appeal by the plaintiff from a final judgment entered in favor of the defendants and against the plaintiff for $213.40, with notice of an intention to bring up for review an order overruling a demurrer to the answer, an order directing an interlocutory judgment overruling said demurrer, and the interlocutory judgment overruling the same.
1Opinion of the CourtO’Dwyer, J.
This is an action of replevin for the wrongful detention of certain books of account. The defendants admit having possession of the books and that the books are the prop*383erty of the plaintiff. In order, therefore, to be able successfully to defend this action it is evident that defendants must allege facts showing that the books have not been wrongfully detained. Hnless the allegations contained in the fourth and fifth paragraphs of the answer set forth such facts, it is clear that they do not constitute a separate and distinct defense, and that the demurrer should have been sustained.
The…
2Cases cited1 opinion
- De Vinne v. RianhardNew York Court of Common Pleas · 1880
3Cited by4 opinions
- Myra Foundation v. HarveyNorth Dakota Supreme Court · 1959
- Park Place-Dodge Corp. v. CollinsNew York Supreme Court · 1973
- George v. WaltonOhio Court of Appeals · 1942
- Sterling v. BrahmsNew York Supreme Court · 1958