Pettis v. Schwartz

Appellate Division of the Supreme Court of New York

Pettis v. Schwartz

137 A.D. 242, 122 N.Y.S. 50, 1910 N.Y. App. Div. LEXIS 646

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1910

StatusPublished

Cited by1 cases

This text of 137 A.D. 242 (Pettis v. Schwartz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pettis v. Schwartz, 137 A.D. 242, 122 N.Y.S. 50, 1910 N.Y. App. Div. LEXIS 646 (N.Y. Ct. App. 1910).

Pincite

Opinion

Per Curiam :

The questions presented by this appeal are the same as those presented in the case of Adams v. Schwartz (137 App. Div. 230), argued and decided herewith. The plaintiff in- this action was also a bill-poster, and claims to have been arrested and maliciously prosecuted at the same time and place and under like circumstances, and the defendant likewise counterclaimed against him for trespass..

On the authority of the opinion in the other action the interlocutory judgment should be reversed, with costs, and demurrer sustained, with costs, but with leave to defendant to serve an amended answer, omitting the counterclaim, on payment of the costs -of the appeal and of the demurrer.

Present — Ingraham, P. J., Laughlin, Claree, Scott and Miller, JJ.

Judgment reversed, with costs, and demurrer sustained, with costs, with leave to defendant to amend on payment of costs. ■

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