Dudley v. . Scranton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the City Court of Brooklyn in favor of plaintiff entered on the verdict of a jury. The nature of the action and the material facts are set forth in the opinion. The judge at the trial erred in treating the counter-claim in the answer as a statement of a cause of action at common law for damages for a willful tort.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the City Court of Brooklyn in favor of plaintiff entered on the verdict of a jury. The nature of the action and the material facts are set forth in the opinion. The judge at the trial erred in treating the counter-claim in the answer as a statement of a cause of action at common law for damages for a willful tort. (Marsh v. Falker, 40 N. Y., 565; Lefler v. Field, 52 id., 621; Chester v. Comstock, 40 id., 576 Byxbie v. Wood, 24 id., 607; Conkey v. Bond, 36 id., 427;…
1Opinion of the Court
Lott, Ch. C.
This action was brought by the plaintiff against the defendants for the recovery of certain sums claimed to be payable to him, under a special agreement set forth in the complaint, made between the parties on a settle ment of certain partnership transactions, referred to in the said agreement, amounting to the sum of $1,539.83, with interest. Some of the allegations in the complaint, not material to be noticed, were denied by the defendants’ answer, and the questions arising on the appeal are presented in a counter-claim made by them on the following allegations, viz.: “ That in…
2Cases cited4 opinions
- Marsh v. FalkerNew York Court of Appeals · 1869
- Ross v. . MatherNew York Court of Appeals · 1872
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Lefler v. . FieldNew York Court of Appeals · 1873
3Cited by12 opinions
- Kruschke v. StefanWisconsin Supreme Court · 1892
- Peay v. Salt Lake CityUtah Supreme Court · 1895
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906
- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
- Oldham v. McRobertsNew York Supreme Court · 1962
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