Howell v. Dimock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Anthony W. Dimock and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 12th day of June, 1896, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 10th day of June, 1896, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Anthony W. Dimock and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 12th day of June, 1896, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 10th day of June, 1896, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department. The action was brought against Anthony W. Dimock and Arthur Y. Dimock…
1Opinion of the Court
Bradley, J.:
When the action came on to trial the defendant’s counsel moved for judgment, on what he termed a counterclaim, for want of a reply. The defendant did not allege in his answer any cause of action against the plaintiff, but did allege that the bank, the payee of the note, was authorized, in case of the depreciation of the stock, to realize on it; that the bank negligently failed to sell such stock until it had become nearly worthless, and that thereby a “ a loss of fifty thousand dollars was occasioned to the defendant,” which “ he claims to be set-off and counterclaim against any…
2Cited by9 opinions
- American Bank & Trust Co. v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1975
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- Farrell v. American Beverage Corp.New York Supreme Court · 1953
- First Trust & Deposit Co. v. W. W. Conde Hardware Co.New York Supreme Court · 1965
- Gross v. Newburger, Loeb & Co.New York Supreme Court · 1980
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