Miller v. Losee
New York Supreme Court
Action upon a note of $80. The defendant denied all the allegations in the complaint, and then “for a further defence and counter claim,” stated in his answer several set-offs; and also statements of facts constituting causes of action against the plaintiff, which would not be permitted as set-offs merely. These statements of facts constituting set-offs, and causes of action, were separately stated.
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Action upon a note of $80. The defendant denied all the allegations in the complaint, and then “for a further defence and counter claim,” stated in his answer several set-offs; and also statements of facts constituting causes of action against the plaintiff, which would not be permitted as set-offs merely. These statements of facts constituting set-offs, and causes of action, were separately stated. The plaintiff replied, denying all the allegations in the answer, and then “ for, a further reply and defence to the new matter contained in the defendant’s answer,” made statements of demands…
1Opinion of the Court
Marvin, Justice.
The answer of the defendant may contain, 2d, “ a statement of any new matter constituting a defence or counter claim,” (Code, § 149.) The defendant, in the present case, has set forth in his answer several separate statements of new matter, constituting, under the revised statutes, set-off; and also, separate statements of new matter constituting causes of action against the plaintiff upon contract, which are not authorized by the revised statutes as set-offs. These latter statements of new matter are authorized by the second subdivision of section 150 of the Code. This…
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