New York Supreme Court June 15, 1897 (Delano v. Rice)

Pryor, J.

The action is for $20,172.40, balance due on the-purchase of stock in the Eorum Publishing Company. On the" *715ground of a fraudulent misrepresentation the defendant, by formal counterclaim, demands a rescission of the sale and the return of the $30,139 cash payment. The plaintiff demurs to the counterclaim for insufficiency in substance.