180 A.D. 546 | N.Y. App. Div. | 1917
This action is brought to recover from defendant, a corporation organized under the laws of the State of Tennessee, the sum of $12,489.50, alleged to have been paid to and deposited with it for the use of Madison Foster, who thereafter assigned his interest therein to plaintiff. The defendant heretofore interposed an answer containing two counterclaims, to which a demurrer having been interposed, the same was overruled. On appeal to this court, the demurrer to the second counterclaim was unanimously overruled and the demurrer to the first counterclaim was sustained by a divided
■ The order appealed from will, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, to the extent of requiring defendant to serve a third amended answer, wherein it shall separately state each of these claims above referred to, and also separately state each of said three claims as a defense or as a counterclaim or state any of them both as a defense and as a counterclaim, provided they are appropriately separately pleaded and described as such.
■ Clarke, P. J., Laughlin, Page and Shearn, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, to the extent stated in opinion. Order to be settled on notice.
See Thomp. Shannon’s Code Tenn. (1917 ed,), p. 1266, § 3166 et seq. —(Rep.