Beardsley v. Stover
New York Supreme Court
Motion to amend, fyc. The action was commenced in August 1850, to recover damages for an alleged breach of a special agreement. Issue was joined on the 10th of March 1851, by the service of a reply to the defendant’s answer. The cause was noticed for trial at the Rensselaer circuit in April 1852, and, when reached on the calendar, was referred.
Read the full summary
Motion to amend, fyc. The action was commenced in August 1850, to recover damages for an alleged breach of a special agreement. Issue was joined on the 10th of March 1851, by the service of a reply to the defendant’s answer. The cause was noticed for trial at the Rensselaer circuit in April 1852, and, when reached on the calendar, was referred. The defendant states in nis affidavit, upon which the motion is founded, that the plaintiff is indebted to him to an amount exceeding $4000, for a cause of action arising upon contract, and existing at the time of the commencement of this action, and…
1Opinion of the Court
Harris, Justice.
The plaintiff’s claim being for the recovery of unliquidated damages arising from the defendant’s breach of his contract, the defendant, although the plaintiff might have *295been indebted to him, when the action was commenced, to an amount exceeding the plaintiff’s damages, could not have set off his debt against such damages. But the defendant’s counsel supposes that, by a recent amendment of the Code, he may avail himself of his set off. A defendant is now authorized to set up, by way of defence, any new matter constituting a counterclaim, when such counterclaim arises upon…
2Cited by10 opinions
- Hall v. WoodwardSupreme Court of South Carolina · 1889
- Deford v. HutchisonSupreme Court of Kansas · 1891
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Ford v. FordNew York Supreme Court · 1868
- Diamond v. Williamsburgh InsuranceNew York Court of Common Pleas · 1873
5 more not listed; retrieve them via the Exa API.