Sowden & Co. v. Murray
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action, by Sowden & Co. against Ethel Murray. From a judgment for plaintiffs, and an order denying a stay of proceedings, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The fact that the defendant had brought an ac-
tion in the City Court to recover damages for injuries to a garment when in the plaintiff’s hands for alteration, was not available as a defense to this action for work, labor, and services, notwithstanding that the defendant’s claim, in her action, was based upon the plaintiff’s alleged improper performance of the work. The plaintiff was entitled to maintain a cross-action, and was not bound to interpose its claim as a cross-demand to the defendant’s suit. Nat Fire Ins. Co. v. Hughes, 189 N. Y. 84, 88, 81 N. E. 562, 12 L. R. A (N. S.) 907 and…
2Cases cited1 opinion
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
3Cited by1 opinion
- Carrara Marble Importing Co. v. CohenAppellate Terms of the Supreme Court of New York · 1927