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Hercules Sales Distributing Co. v. Schnorrbusch

Court of Errors and Appeals
Jan 29, 1948
56 A.2d 866 (N.J. 1948)

Opinion

Argued October 23, 1947 —

Decided January 29, 1948.

The court, in the exercise of a sound discretion, may strike a counter-claim which may not be conveniently tried with the main case.

On appeal.

For the appellant, Joseph L. Freiman.

For the respondent, Emanuel M. Ehrenkranz.


An action at law was brought against the defendant to recover the price of goods sold and delivered to the defendant. The defendant entered a general denial and filed a counter-claim against the plaintiff and two others for goods sold and delivered and the counter-claim also contained a count claiming commissions earned by reason of sales to others for the plaintiff.

The court on motion struck the counter-claim, stating that if the defendant has a cause of action against the plaintiff, and the other individuals, it should be litigated in a separate action. This ruling seems wise.

The statute, R.S. 2:27-141, provides: "If defendant files a counter-claim or set-off, the court, in its discretion, may order separate trials. If a counter-claim filed cannot be conveniently disposed of in the pending action, the court may strike it out."

The law was settled in Kelley v. Faitoute Iron and Steel Co., 87 N.J.L. 567, where it was said the counter-claims may be stricken out which the court finds cannot be conveniently tried with the other causes of action joined in the same suit. See, also, D'Orsi v. Galdieri, 126 Id. 574 ; Chelsea Hotel Corp. v. Gelles, 129 Id. 102.

The judgment under appeal will be affirmed.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, BODINE, DONGES, HEHER, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McLEAN, SCHETTINO, JJ. 14.

For reversal — None.


Summaries of

Hercules Sales Distributing Co. v. Schnorrbusch

Court of Errors and Appeals
Jan 29, 1948
56 A.2d 866 (N.J. 1948)
Case details for

Hercules Sales Distributing Co. v. Schnorrbusch

Case Details

Full title:HERCULES SALES AND DISTRIBUTING CO., A NEW JERSEY CORPORATION, RESPONDENT…

Court:Court of Errors and Appeals

Date published: Jan 29, 1948

Citations

56 A.2d 866 (N.J. 1948)
56 A.2d 866