New York Court of Appeals
The People of the State of New York, Respondents v. Henry B. Dennison, Appellants
March 1, 188184 N.Y. 272
Summary
The Court affirmed that the action was a tort for fraud, not a contract claim, and therefore a counter‑claim based on contract was improper. It also held that the State, as a sovereign suitor, could not be subject to an affirmative judgment on a counter‑claim, and that the attorney‑general's stipulation did not waive the State's immunity.