Stratton v. Spaeth

Carr, J.:

This is an appeal from a judgment of the Municipal Court in the borough of Queens in favor of the defendant on a counterclaim. The' plaintiff brought an action to recover the sum of $150 on an assigned claim. The complaint was oral. The defendant pleadéd orally a general denial and set up a counterclaim for $91.23. Thereafter both parties filed written bills of particulars. The defendant’s counterclaim against the' plaintiff, personally was in the sum of $91.23, as before stated, and on the trial the plaintiff admitted it; hence, . if the plaintiff’s cause of action was sustained, he…