 | 1884 - 1060 էջ
...when the action commenced. * * * If the motion was for leave to interpose an equitable counter-claim arising out of the contract or transaction set forth in the complaint since the commencement of the action. then, perhaps, a different question would be presented. It might... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 էջ
...knowledge required by this exacting provision. A counter-claim must be one of the two following causes of action : 1. A cause of action arising out of the contract...set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action. 2. In an action on contract, any other... | |
 | New York (State), Charles David Rust - 1885 - 814 էջ
...causes of action against the plaintiff, or, ma proper -jase, against the person whom he represents, and in favor of the defendant, or of one or more defendants, between whom and the plaintiff u separate judgment mav be had ill the action : 1. A cause of action, arising out of the contract or... | |
 | 1885 - 664 էջ
...counterclaim is in conformity with § 501, Code. It tends to defeat plaintiff's recovery, and is a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, or connected with the subject of the action. The counterclaim... | |
 | Charles Theodore Boone - 1885 - 598 էջ
...recoupment at common law, and must be a cause of action in favor of the defendant against the plaintiff, arising out of the contract or transaction set forth in the complaint or petition, as the foundation of the plaintiff's claim, or connected with the subject of the action.6... | |
 | 1906 - 1154 էջ
...defendant, in actions on contract, to recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's demand or connected with the subject of the action. These sections must be construed together,... | |
 | 1887 - 656 էջ
...counter-claim must be one " against the plaintiff, or in a proper case, against the person whom he represents, and in favor of the defendant, or of one or more defendants,...plaintiff a separate judgment may be had in the action ;" and that a joint demand cannot be the subject of a counter claim against a separate claim, nor can... | |
 | 1887 - 814 էջ
...causes of action against the plaintiff, or, iu a proper «jase, against the person whom he represents, and in favor of the defendant, or of one or more defendants,...whom and the plaintiff a separate judgment may be hud in the action : 1. A cause of action, arising out of the contract or transaction, set forth in... | |
 | 1887 - 972 էջ
...and take a nonsuit, where the defendant has pleaded as a counter-claim, under Code NC § 244, prov. 1, a cause of action arising out of the contract or transaction set forth in the complaint as the ground of plaintiff's cause of action. Appeal from superior court, Wake county. Spier Whitaker,... | |
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A cause of action arising out of the contract or transaction, set forth In the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract existing... 
