Booss v. Mihan

The Superior Court of New York City

Booss v. Mihan

53 N.Y. St. Rep. 525

The Superior Court of New York City·Decided July 3, 1893·Published

Opinion

Freedman, J.

Upon their complaint the plaintiffs seek to recover from the defendant the amount of certain over-payments made by the plaintiffs to the defendant on account of labor and services rendered, and obtained by the defendant by means of deceit and false and fraudulent representations. The cause of action thus set forth is not referable, and that being so the defendant’s answer cannot make it referable. Moreover the reply shows that the counterclaim set up in the answer does not involve the examination of a long account.

The order should be affirmed, with ten dollars costs and disbursements.

drlLDERSLEEVE, J., Concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

Freedman, J.

Upon their complaint the plaintiffs seek to recover from the defendant the amount of certain over-payments made by the plaintiffs to the defendant on account of labor and services rendered, and obtained by the defendant by means of deceit and false and fraudulent representations. The cause of action thus set forth is not referable, and that being so the defendant’s answer cannot make it referable. Moreover the reply shows that the counterclaim set up in the answer does not involve the examination of a long account.

The order should be affirmed, with ten dollars costs and disbursements.

drlLDERSLEEVE, J., Concurs.

Booss v. Mihan, 53 N.Y. St. Rep. 525 (N.Y. Super. Ct. 1893).

Pincite

53 N.Y. St. Rep. 525 (Booss v. Mihan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.