The Superior Court of New York City December 31, 1871 (De Wolf v. Crandall)

By the Court.—Spencer, J.

The action was *15brought to recover four installments of seven hundred and fifty dollars each, on a contract of March 3, 1867, set out in hone verba in the complaint.

The answer denied the execution of the contract set out, and alleged as a bar the non-performance on the part of the plaintiff.

The- answer also alleged by way of counter-claim:

1.