Dubied MacHinery Co. v. Vermont Knitting Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding defendant was on notice because plaintiff framed motion as one for both judgment on the pleadings and summary judgment
• counterclaims relating to item not replevied could not serve as a defense to replevy of another item
• “It is permissible to label a response to a plaintiff’s cause of action as both an affirmative defense and as a counterclaim.”
• party is entitled to judgment on pleadings “ ‘only if it has established that no material issue of fact remains to be resolved and that [it] is entitled to judgment as a matter of law.’ ”

Source: CourtListener parenthetical corpus (CC0).