 It is sufficient to say that assuming he has a right of action, 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...  The New York Supplement - Page 7871913Full view - About this book
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pages
...affirmative relief, and leave was given to him to amend. The court, however thought that the cause of action did not arise out of the contract or transaction set forth in the complaint. Here the defense wholly arises out of the contract under which the defendant went into possession of... | |
 | Nathan Howard (Jr.) - 1858 - 616 pages
...constitute a counter claim or defence. Second. That the matters of said defence therein alleged, do not arise out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, and are not connected with the subject of the action ;... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 pages
...prefer placing the decision upon the distinct ground that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract, or transaction, set forth in the complaint, as the foundation of the plaintiff's claim, and is not connected with the subject of the action. The... | |
 | Nathan Howard (Jr.) - 1861 - 618 pages
...constitute a counter claim several things must concur : 1st. There must be a cause of action. 2d. It must arise out of the contract or transaction set forth in the complaint, or be connected with the subject of the action. 3d. It must be in favor of the defendant and against... | |
 | Thomas Whitney Waterman - 1869 - 800 pages
...conveyed to her, and for affirmative relief. Held, that the defendant's cause of action, offered as a counter-claim, did not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, and was not connected with the subject of the action, and... | |
 | 1883 - 548 pages
...There is no evict ¡ou averred in the answer. Assuming that defendant has a cause of action, it does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiffs claim, nor is it connected with the subject of the action, nor is it... | |
 | John Norton Pomeroy - 1876 - 924 pages
...judgment, for the value of the goods so taken. The court declared that this cause of action clearly did not arise out of the contract or transaction set forth in the complaint, nor was it connected with the subject of the action : it was a naked and independent act of trespass.2... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1876 - 608 pages
...counter-claims demurred to, are, therefore, not available in this action under § 150 of the Code. They do not arise out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, nor are they connected with the subject of the action.... | |
 | 1876 - 642 pages
...tort, and for the purposes of the appeal the action was determined by the complaint. The counterclaims did not arise out of the contract or transaction set forth in the complaint,neither were they connected with the subject of the action, Held, The counterclaims were... | |
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