J. Walter Thompson Advertising Corp. v. Woodworth

Appellate Division of the Supreme Court of New York

J. Walter Thompson Advertising Corp. v. Woodworth

254 A.D. 721, 4 N.Y.S.2d 1003, 1938 N.Y. App. Div. LEXIS 7264

Appellate Division of the Supreme Court of the State of New York·Decided May 13, 1938·Published

Opinion

— Whether or not the sufficiency of the counterclaim may be raised on motion for a trial by jury of the issues raised by the reply thereto (Civ. Prac. Act, §§ 424, 425), we are of opinion that the motion should have been granted as the counterclaim states a good cause of action at law. Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

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— Whether or not the sufficiency of the counterclaim may be raised on motion for a trial by jury of the issues raised by the reply thereto (Civ. Prac. Act, §§ 424, 425), we are of opinion that the motion should have been granted as the counterclaim states a good cause of action at law. Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

J. Walter Thompson Advertising Corp. v. Woodworth, 254 A.D. 721, 4 N.Y.S.2d 1003, 1938 N.Y. App. Div. LEXIS 7264 (N.Y. Ct. App. 1938).

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254 A.D. 721 (J. Walter Thompson Advertising Corp. v. Woodworth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.