MacKellar v. . Rogers
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the state of Hew York, entered upon an order made December 7, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 20 J. & S. 468.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the state of Hew York, entered upon an order made December 7, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 20 J. & S. 468.) The nature of the action and the material facts are stated in the opinion. The counter-claim sets forth a cause of action for damages for a breach of contract, and demands judgment for which a separate cause of action might he maintained, upon which defendant is entitled to a jury trial as matter of right. (Code of…
1Opinion of the CourtDanforth, J.
The action was for the foreclosure of a. mortgage. The answer expressly admitted the material allegations of the complaint, but set forth new matter, characterized it as a counter-claim and demanded an affirmative judgment for $31,115.57, money due, besides $20,000 damages for breach of contract. The plaintiff by reply put these matters in issue. The defendant gave notice that the issues of fact so joined would be brought to trial at the then next Special Term, and at the same time a like notice was given by the plaintiff. At the time mentioned both parties appeared, and, as the record…
2Cases cited3 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by47 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Phoenix Mutual Life Insurance v. ConwayNew York Court of Appeals · 1962
- United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1922
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