Manhattan Egg Co. v. Seaboard Terminal & Refrigeration Co.

The motion is by the plaintiff to strike out the counterclaim contained in the defendant’s answer upon the ground that it is not one which may be interposed in the action. Plaintiff sues for money had and received. Defendant counterclaims, alleging that 220 cases of eggs which were in the defendant’s possession were stolen from it and sold to the plaintiff; that defendant, before the commencement of the present action, demanded their return from plaintiff or payment therefor, which the plaintiff refused; that by reason thereof plaintiff became indebted to defendant for their value, which it…