Majority
p. 674Margaretha Furman, Resp’t, v. Julius Hinz, App’lt. (Supreme Court, General Term, First Department, Filed December 30, 1886.)
Headnote
Counterclaim—In action by executor or administrator—What allowed as.It is provided by Code of Civil Procedure, section 506, that in an action brought by an executor or administrator in his representative capacity, a demand against the decedent, belonging, at the time of his death, to the defendant, may be set forth by the deiendant as a counterclaim. Held, that the exclusion of such a demand in a case so brought was erroneous.
Appeal from judgment of special term.
L. Sanders, for app’lt; C. Mehling, for resp’t.
The learned, judge in the court below erred in excluding the counterclaim interposed in this case. It is expressly provided for by section 506 of the Code. See Bathgate v. Haskin, 59 N. Y., 533 ; S. C., 63 id., 261.
The judgment should be reversed and a new trial ordered; costs to abide the event.