Schubart v. Harteau
New York Supreme Court
THIS action is on a promissory note made by George G_ Johnson, and indorsed by E. F. Blydenburgh and the defendant, and was brought by the plaintiff as indorsee, against the defendant, as indorser. The note in suit was made by Johnson, payable to the order of Blydenburgh, indorsed by Blydenburgh, then by the defendant, then by Hoffman, Schubart & Kahn to the plaintiff.
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THIS action is on a promissory note made by George G_ Johnson, and indorsed by E. F. Blydenburgh and the defendant, and was brought by the plaintiff as indorsee, against the defendant, as indorser. The note in suit was made by Johnson, payable to the order of Blydenburgh, indorsed by Blydenburgh, then by the defendant, then by Hoffman, Schubart & Kahn to the plaintiff. On the day the note became due, it was duly presented to the maker and-payment refused, and due notice to hold the indorsers was given to Blydendurgh and the defendant. At the time the note became due and was protested for…
1Opinion of the Court
By the Court, Ingraham, J.
A counter-claim, under the code, may be either for liquidated or unliquidated damages, if they arise upon contract.
Where a claim is prosecuted by a plaintiff against a defendant who has a claim against the plaintiff and others, on contract, the defendant may set up the same as a counterclaim, and recover any balance against the plaintiff, over the *450plaintiff’s claim; unless the plaintiff replies to the counterclaim that there are other persons liable with him, as partners. (Briggs v. Briggs, 20 Barb. 477.) In such a case the counter-claim is good, so far as to he a…
2Cases cited1 opinion
- Briggs v. BriggsNew York Supreme Court · 1855
3Cited by9 opinions
- Deford v. HutchisonSupreme Court of Kansas · 1891
- Merritt v. GouleyNew York Supreme Court · 1890
- Keon v. Saxton & Co.New York Court of Appeals · 1931
- Boston Mills v. EullThe Superior Court of New York City · 1869
- Mynderse v. SnookNew York Supreme Court · 1869
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