Appellate Division of the Supreme Court of the State of New York January 15, 1904 (Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.)

Smith, J.:

Plaintiff’s objections tó the counterclaim, as specified in the demurrer, are, first, that it is not sufficient in law upon the face thereof; and, secondly, that facts are not therein stated sufficient to constitute a cause of action. The objection first made is not an authorized ground of demurrer to a counterclaim within section 495 of the Code.