27 N.Y.S. 940 | City of New York Municipal Court | 1894
The complaint is in tort to recover the value of plaintiff’s office furniture, consisting of seventeen specified chattels alleged to have been converted by defendant. The answer alleges, by way of counterclaim, that defendant let to plaintiff a certain office room ; that plaintiff still owes him $300 for two months’ rent of same; that the chattels mentioned in the complaint “ were permitted by the defendant to be placed in said office in consideration of the execution by the plaintiff of the lease of such office, and this defendant has a lien on said chattels and is entitled to hold the same as security for the payment of said rent.” To this counterclaim plaintiff demurred, on the grounds that same is insufficient in law on the face thereof, does not arise out of or is connected with the subject of the action, and does not state facts sufficient to constitute a cause of action. This demurrer was sustained, and this appeal is from the interlocutory judgment entered thereon. The facts alleged in this plea labeled counterclaim are sufficient to constitute only a cause of action on an express
The judgment should be affirmed, with costs.
FTewburger and McCarthy, JJ., concur.
Judgment affirmed, with costs.