Searle v. Davis

Superior Court of New York

Searle v. Davis

14 N.Y.S. 312, 1891 N.Y. Misc. LEXIS 1966

CourtThe Superior Court of the City of New York and Buffalo

DecidedMay 4, 1891

StatusPublished

This text of 14 N.Y.S. 312 (Searle v. Davis) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Searle v. Davis, 14 N.Y.S. 312, 1891 N.Y. Misc. LEXIS 1966 (superctny 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 appellant was correct in arguing that the account, if long, was such as would be taken under a counter-claim. The answer pleads as a defense what it pleads as a counter-claim also. Then the long account would be involved in issue upon the complaint, irrespective of there being a counter-claim. Order affirmed, with $10 costs.

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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 appellant was correct in arguing that the account, if long, was such as would be taken under a counter-claim. The answer pleads as a defense what it pleads as a counter-claim also. Then the long account would be involved in issue upon the complaint, irrespective of there being a counter-claim. Order affirmed, with $10 costs.

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Bluebook (online)

14 N.Y.S. 312, 1891 N.Y. Misc. LEXIS 1966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searle-v-davis-superctny-1891.