 ... 1. 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 arising on contract, any other cause of action arising...  Lawyers' Reports Annotated - Page 2301905Full view - About this book
 | New York (State) - Civil procedure - 1852 - 606 pages
...complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause...and existing at the commencement of the action ; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...which the complaint is founded, or connected with the subject of the action ; or, 3, that in actions arising on contract, any other cause of action, arising...contract, and existing at the commencement of the action, may be so set up. Any claims, either legal or equitable, or both, to which the above definitions apply,... | |
 | New York (State) - Session laws - 1852 - 836 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and exibtiug at the commencement of the action; The defendant may set forth by answer, as many defences... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract, any other cause...contract, and existing at the commencement of the action. There is nothing in the defendant's answer resembling a counter-claim. The defendant in his answer... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...complaint, as the foundation of the plaintiff's claim or connected with the subject of the action. 2. In an action arising on contract, any other cause...contract and existing at the commencement of the action. iiay set forth g^,. 5(5, The defendant may set forth by answer as ground!/ rf many defences and counter... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause...and existing at the commencement of the action. The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract, any other cause...contract, and existing at the commencement of the action. These counter-claims may be such causes of action as have heretofore been denominated legal, or equitable,... | |
 | Wisconsin - Session laws - 1856 - 334 pages
...complaint,. as tfye fojundat^on pf the plaintiff's claim or connected with the subject of the action. '2. In an action arising on. contract, any other, .cause...action arising .also on , contract and existing,. at ,th.:^ commencement of the a'ction. ...... May set forth SEO.,56,The defendant may .set ,Iprth by .auawer... | |
 | Nathan Howard (Jr.) - Civil procedure - 1857 - 614 pages
...arising on contract, by the 149th snd 150th sections of the Code, the defendant may avail himself of any other cause of action arising also on contract, and existing at the commencement of tile action, by way of a counter-claim; whereas by the Revised Statutes the set off must be a demand... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 724 pages
...out of one of the specified causes of action ; and the 2d subdivision provides that in an action upon contract any other cause of action, arising also on...contract, and existing at the commencement of the action, shall be a counter-claim. (Code, ยง 150.) The only restriction is that it must be one existing in favor... | |
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