Ayres v. O'Farrell
The Superior Court of New York City
Appeal from a judgment on a verdict recovered by the plaintiff, upon a trial of the cause before* Mr. Justice Mohell and a Jury, on the 17th of February, 1862, and from an order denying a motion for a new trial on a case made. This was an action to recover rent against lessees and’ their assignees, by the plaintiff, who was lessor. ■ The answer of the defendants denied only the indebtedness without controverting the facts alleged in the complaint.
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Appeal from a judgment on a verdict recovered by the plaintiff, upon a trial of the cause before* Mr. Justice Mohell and a Jury, on the 17th of February, 1862, and from an order denying a motion for a new trial on a case made. This was an action to recover rent against lessees and’ their assignees, by the plaintiff, who was lessor. ■ The answer of the defendants denied only the indebtedness without controverting the facts alleged in the complaint. It set up, as a counterclaim, damages for injury done to merchandise of the defendants by steam and soot from a bakery established by the plaintiff…
1Opinion of the Court
By the Court — Robertson, J.
The Code allows an answer to contain a statement of new matter constituting a defense or counterclaim, (§ 149;) defines the persons between whom, and the actions in which, a counterclaim may be pleaded; and specifies the nature of the causes of action which may be set up as such, (§ 150.) The persons are those between whom a separate judgment may be. given in the action. The actions may be for other causes besides those arising on contract, (Xenia Branch Bank v. Lee, 7 Abb. Pr., 372;) subject only to the condition that where they are not on a contract the…
2Cases cited13 opinions
- Fry v. BennettThe Superior Court of New York City · 1851
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858
- M'Lean v. HugarinNew York Supreme Court · 1816
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3Cited by12 opinions
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Deford v. HutchisonSupreme Court of Kansas · 1891
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Lace v. FixenSupreme Court of Minnesota · 1888
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