 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 pages
...arising out of the contract or transaction 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 cause of action on contract existing at the commencement of the action. If the... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...out of the contract or transad ion, 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 at the commencement of the action. §... | |
 | 1885 - 536 pages
...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 at the commencement of the action. If the... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1120 pages
...complaint as the foundation of the plaintiffs claim or connected with the subject of the action ; second, in an action arising on contract, any other cause...contract and existing at the commencement of the action; and the second group providing generally that the counterclaim must be one existing in favor of a defendant... | |
 | 1911 - 1338 pages
...same subject-matter. The second subdivision of our statute authorizing a counterclaim provides that in an action arising on contract any other cause of...contract and existing at the commencement of the action may be pleaded and considered as a counterclaim. Section 1807, RS 1909. This provision of the statute... | |
 | 1904 - 1336 pages
...of the plaintiff's claim, or connected with the subject of the action; second, in an action ar íIng on contract, any other cause of action arising also on contract, and existing at tl.e commencement of the action." It is manifest that the counterclaim did not arise out of •-'••... | |
 | 1887 - 814 pages
...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 at the commencement of the action. §... | |
 | 1926 - 1262 pages
...nn nction arising on contract, any other cause of nction arising also on contract, and existing nt the commencement of the action. The defendant may set forth by answer aa many defenses and counterclaims as he may have, whether they be such as have been heretofore denominated... | |
 | John Chipman Gray - 1888 - 816 pages
...complaint as the foundation of the plaintiffs claim, or connected with the subject of the action ; or 2d, in an action arising on contract, any other cause...and existing at the commencement of the action. The demand of the defendant, set out in the answer, does not arise out of the contract set forth in the... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1888 - 838 pages
...statute that in an action arising on contract the Argument for Defendant in Error. defendant may set off any other cause of action 'arising also on contract, and existing at the commencement of the action. Minn. Genl. Stats., 1878, c. 66, § 97, second; c. 65, §40. See Linn v. Rwjij, 19 Minn. 181 ; Martin... | |
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... 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... 
