Searle v. Davis

The Superior Court of New York City

Searle v. Davis

39 N.Y. St. Rep. 169

CourtThe Superior Court of New York City

DecidedMay 4, 1891

StatusPublished

This text of 39 N.Y. St. Rep. 169 (Searle v. Davis) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Searle v. Davis, 39 N.Y. St. Rep. 169 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Per Curiam.

—There seems to be no doubt that the judge below was correct in holding that the trial of the action would involve the taking of a long account, unless the counsel for the appellant was correct in arguing that the account, if long, was such as would be taken under a counterclaim. The answer pleads as a defense what it pleads as a counterclaim, also. Then the long account would be involved in issue upon the complaint, irrespective of there being a counterclaim.

Order affirmed, with ten dollars costs.

Sedgwick, Ch., and Freedman, J., concur.

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Per Curiam.

—There seems to be no doubt that the judge below was correct in holding that the trial of the action would involve the taking of a long account, unless the counsel for the appellant was correct in arguing that the account, if long, was such as would be taken under a counterclaim. The answer pleads as a defense what it pleads as a counterclaim, also. Then the long account would be involved in issue upon the complaint, irrespective of there being a counterclaim.

Order affirmed, with ten dollars costs.

Sedgwick, Ch., and Freedman, J., concur.

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Bluebook (online)

39 N.Y. St. Rep. 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searle-v-davis-nysuperctnyc-1891.