 | 1919 - 1894 pages
...him for commissions in making sales, under a Code provision for a counterclaim which "arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim," or is "connected with the subject of the action." Benton v. Moore (1904) 42 Misc. 660, 87 N. У. Supp.... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1921 - 832 pages
...think, that these provisions do not include the cause of action here presented as a counterclaim. While the transaction set forth in the complaint as the foundation of the respondent's cause of action may have been the cause for making the complaint before the grievance... | |
 | California - 1923 - 600 pages
...action, and arising out of one of the following causes of action: 1. A cause of action arising out of the 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 upon contract ; any other cause... | |
 | California - 1923 - 952 pages
...SET UP COUNTER-CLAIM. If the defendant omits to set up a counter-claim upon a cause arising out of ded on written I 447. Copy of written instrument contained instrument set out in answe neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. Enacted... | |
 | 1923 - 1634 pages
...action, and arising out of one of the following causes of action: (1) A cause of action arising out of the 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 upon contract, any other cause... | |
 | 1925 - 1192 pages
...statutory conditions upon which a claim may be put forward as a counterclaim is that it shall arise "out of the transaction set forth in the complaint as the foundation of the plaintiff's claim."16 A "transaction" as the term is here used has been said 12. Stoddard v. Treadwell, 26 Cal... | |
 | Charles Albert Keigwin - 1926 - 896 pages
...v. Richards, 22 Barb. 14,°,. The claim of the defendants was a cause of action not arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. The subject of the action was a fraud alleged to have... | |
 | Bancroft-Whitney Company - 1926 - 1208 pages
...also the amount of the eross-demand is of no moment for jurisdictional purposes where it arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.11 §356. Right to Affirmative Relief on Counterclaim.... | |
 | Edwin Hamlin Woodruff - 1920 - 784 pages
...1 of that section authorizes a cause of action to be pleaded as a counterclaim which arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim or connected with the subject of the action. The word "transaction" is not limited to causes of action... | |
 | Charles Albert Keigwin - 1926 - 898 pages
...Fattison v. Richards, 22 TJarb. 143. The claim of the defendants was a cause of action not arising .out of the transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action. ,The subject of the action was a fraud... | |
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A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. 
