 | 1891 - 1076 էջ
...causes of action against the plaintiff, or, in a proper case, against the person whom ne represents, and in favor of the defendant, or of one or more defendants,...plaintiff a separate judgment may be had in the action: (!) A cause of action arising out of the contract or transaction, set forth in the complaint as the... | |
 | New York (State) - 1891 - 1554 էջ
...causes ot action against the plaintiff, or, in a proper case, against the person whom he represents,(2) and in favor of the defendant, or of one or more defendants, between whom and the plaintiff a separate j udgment may be had in the action: (3) 1. A cause of action arising out of the contract 01 transaction,... | |
 | Charles Patrick Daly - 1891 - 622 էջ
...Wallace B. Biake. reason of the plaintiff's act in affixing the sign to the premises, it does not arise out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor is it connected with the subject of the action, nor is it a cause of action on contract. The judgment... | |
 | Theodore Sedgwick, Arthur George Sedgwick - 1891 - 856 էջ
...judgment might be had in the action and arising out of one of the following causes of action : i. A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation 1 Nashville & KT Co. v. Harris, 8 Humph. 558 ; Allen p. McNew. 8 Humph. 46. (•) i... | |
 | North Carolina, Walter Clark - 1892 - 950 էջ
...action. Kramer v. Electric Light Co., 95-277Nonsuit. — When the defendant pleads a counterclaim, a cause of action arising out of the contract or transaction...the complaint as the foundation of the plaintiff's cause of action, the plaintiff cannot be permitted to take a nonsuit; but when the counterclaim does... | |
 | New York (State). Supreme Court. Appellate Division - 1922 - 1074 էջ
...plaintiff's recovery, and must be one of the following causes of action against the plaintiff * * * and in favor of the defendant, or of one or more defendants,...contract or transaction, set forth in the complaint as the foundation of Third Department, July, 1921. [Vol. 197 the plaintiff's claim, or connected with... | |
 | New York (State). Legislature. Assembly - 1922 - 1102 էջ
...act, against the plaintiff, or. in a proper case. against the person whom he represents, and in favor of one or more defendants between whom and the plaintiff a separate judgment may be had in the action ; but if it appears to the court that any of the claims or causes of action so joined should not be... | |
 | New York (State). Supreme Court. Appellate Division - 1922 - 1050 էջ
...nowhere appears in the 7th subdivision of defendant's answer that the matters therein alleged arose out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, nor does it appear therefrom that the alleged counterclaim is in any manner connected with the subject... | |
 | 1922 - 1482 էջ
...causes of action 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, between whom and the plaintiff or the plaintiff and another person or persons alleged to be liable a separate judgment may be had... | |
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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... 
