Hyperlawhypertext legal database Lafayette Trust Co. v. Foster 117 N.Y.S. 1139

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Lafayette Trust Co. v. Foster

117 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1909-06-04 English

Contents

Majority

p. 1139
LAFAYETTE TRUST CO., Respondent, v. FOSTER, Appellant.
(Supreme Court, Appellate Division, Second Department.
June 4, 1909.)

Headnote

Action by the Lafayette Trust Company against Richard J. Foster.

No opinion. Order affirmed, with $10 costs and disbursements, on the ground that, if the breach of contract pleaded is available as a defense, the amount of damage caused by it is immaterial, as no counterclaim is pleaded.