Prosser v. Maxon

New York Supreme Court

Prosser v. Maxon

52 Misc. 18, 100 N.Y.S. 815

DecidedNovember 15, 1906

StatusPublished

This text of 52 Misc. 18 (Prosser v. Maxon) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prosser v. Maxon, 52 Misc. 18, 100 N.Y.S. 815 (N.Y. Super. Ct. 1906).

Pincite

Opinion

Giegerich, J.

The matters contained in paragraphs 1 and 2 of the separate defense set up in the answer have no relation to the causes of action alleged in the complaint, and, therefore, are not available as a defense. They might constitute a valid counterclaim if so pleaded; but they have not' been pleaded as a counterclaim, nor even as a set-off. On the contrary, they are alleged as a defense simply, and the only relief demanded is that the complaint be dismissed. Demurrer sustained, with costs to the plaintiffs, and with leave to the defendant to amend within twenty days on payment of such costs.

Demurrer sustained, with costs to the plaintiffs, with leave to defendant to amend within twenty days on payment of costs.

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

Giegerich, J.

The matters contained in paragraphs 1 and 2 of the separate defense set up in the answer have no relation to the causes of action alleged in the complaint, and, therefore, are not available as a defense. They might constitute a valid counterclaim if so pleaded; but they have not' been pleaded as a counterclaim, nor even as a set-off. On the contrary, they are alleged as a defense simply, and the only relief demanded is that the complaint be dismissed. Demurrer sustained, with costs to the plaintiffs, and with leave to the defendant to amend within twenty days on payment of such costs.

Demurrer sustained, with costs to the plaintiffs, with leave to defendant to amend within twenty days on payment of costs.

Cite This Page — Counsel Stack

Bluebook (online)

52 Misc. 18, 100 N.Y.S. 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prosser-v-maxon-nysupct-1906.