Stratton v. Graham
New York Supreme Court
Action by E. Platt Stratton against Elizabeth J. Graham. Plaintiff moves for judgment on the pleadings, consisting of an amended complaint, the answer thereto, and plaintiff’s reply to a counterclaim in the answer. Motion denied.
1Opinion of the CourtBenedict, J.
[1] As this motion is made by the plaintiff, it is necessary to consider only the sufficiency of the answer. The amended complaint states a simple cause of action for money paid by plaintiff to defendant’s use. The answer does not effectually deny any material allegation of the amended complaint, but sets up as a counterclaim a cause of action in replevin for certain diamonds, alleged to have been deposited by defendant with plaintiff as security for the sums stated in the amended complaint to have been advanced for defendant’s use by the plaintiff; it being further alleged that defendant…
2Cases cited6 opinions
- Cass v. . HigenbotamNew York Court of Appeals · 1885
- Reusens v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1909
- Crompton v. SeaichAppellate Division of the Supreme Court of the State of New York · 1911
- Crompton v. SeaichAppellate Division of the Supreme Court of the State of New York · 1911
- Osterman v. GoldsteinAppellate Terms of the Supreme Court of New York · 1900
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