Vassear v. . Livingston
New York Court of Appeals
Appeal from a judgment of the superior court of the city of New-York. The action was brought in 1853 by the plaintiff, as the assignee of Alexander H. Ritchie, and the complaint set forth that the defendant employed Ritchie to engrave four like- • nesses for $50 each, which Ritchie, it was alleged, had done, and that the defendant had refused to receive the plates and pay for the engraving; and furthermore that Ritche had assigned the demand to the plaintiff The answer…
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Appeal from a judgment of the superior court of the city of New-York. The action was brought in 1853 by the plaintiff, as the assignee of Alexander H. Ritchie, and the complaint set forth that the defendant employed Ritchie to engrave four like- • nesses for $50 each, which Ritchie, it was alleged, had done, and that the defendant had refused to receive the plates and pay for the engraving; and furthermore that Ritche had assigned the demand to the plaintiff The answer denied the allegations of the complaint, and as a further and separate answer set forth that Ritchie had agreed to engrave…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The objections chiefly insisted on by the defendant proceed upon the assumption that his answer contained new matter constituting a counter claim, and if he is correct in this, he would be entitled to judgment on the pleadings, for the matters set up in the answer and which are not replied to, would, if admitted on the record,…
2Cited by33 opinions
- Seibert v. . DunnNew York Court of Appeals · 1915
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Campbell v. RouttIndiana Supreme Court · 1873
- Johnson v. Acme Harvesting MacH. Co.Supreme Court of Oklahoma · 1909
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