Huisenga v. Dairymen's League Co-operative Ass'n

Appellate Division of the Supreme Court of New York

Huisenga v. Dairymen's League Co-operative Ass'n

258 A.D. 890, 16 N.Y.S.2d 137, 1939 N.Y. App. Div. LEXIS 7461

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 1939·Published

Opinion

In an action arising out of a contract between the parties, the complaint sets forth two causes of action.. The answer, besides, various denials and defenses, contains counterclaims to both causes of action. The plaintiff replied to the counterclaims and the defendant moved to strike out the reply on various grounds. The motion was denied, and the defendant appeals. Order denying defendant’s motion, in so far as appealed from, modified by striking out paragraphs “ Second,” “ Third,” “ Sixth,” “ Eighth,” “ Ninth ” and “ Twelfth ” of the reply, and, as thus modified, affirmed, with ten dollars costs and disbursements to the appellant. Plaintiff having accepted the benefits of the contract, when suing thereon is estopped from questioning its validity. The sufficiency of the other defenses raised should be determined by the trial court upon the proof, Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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

In an action arising out of a contract between the parties, the complaint sets forth two causes of action.. The answer, besides, various denials and defenses, contains counterclaims to both causes of action. The plaintiff replied to the counterclaims and the defendant moved to strike out the reply on various grounds. The motion was denied, and the defendant appeals. Order denying defendant’s motion, in so far as appealed from, modified by striking out paragraphs “ Second,” “ Third,” “ Sixth,” “ Eighth,” “ Ninth ” and “ Twelfth ” of the reply, and, as thus modified, affirmed, with ten dollars costs and disbursements to the appellant. Plaintiff having accepted the benefits of the contract, when suing thereon is estopped from questioning its validity. The sufficiency of the other defenses raised should be determined by the trial court upon the proof, Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

Huisenga v. Dairymen's League Co-operative Ass'n, 258 A.D. 890, 16 N.Y.S.2d 137, 1939 N.Y. App. Div. LEXIS 7461 (N.Y. Ct. App. 1939).

Pincite

258 A.D. 890 (Huisenga v. Dairymen's League Co-operative Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.