Legal Opinion

Ayres v. O'Farrell

The Superior Court of New York City

Decided January 5, 1863PublishedCited by 12 opinions

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.

Read the full summary

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

  1. Fry v. BennettThe Superior Court of New York City · 1851
  2. Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
  3. Burdick v. Post & HunttingNew York Supreme Court · 1851
  4. Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858
  5. M'Lean v. HugarinNew York Supreme Court · 1816

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
  2. Wyman v. HerardSupreme Court of Oklahoma · 1899
  3. Deford v. HutchisonSupreme Court of Kansas · 1891
  4. Walker v. JohnsonSupreme Court of Minnesota · 1881
  5. Lace v. FixenSupreme Court of Minnesota · 1888

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API