Dubois v. Smith

Order affirmed, with twenty dollars costs and disbursements, on the ground that the counterclaim as pleaded is insufficient, in that although properly interposed (Laws of 1936, chap. 324, in effect Sept. 1, 1936) * it fails to allege that the money taken was the property of the defendant. Present — ■ Martin, P. J., McAvoy, O’Malley, Dore and Cohn, JJ.; Martin, P. J., dissents and votes for reversal.