 | New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...contract sued on ; the defendant may also recoup all damages which he may have sustained by reason of any cause of action arising out of the contract or transaction set forth in the plaintiff's declaration as the foundation of the plaintiff's demand, or connected with the subject... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...judgment might be liad in the action, and arising out of one of the following causes of action : 1. A cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintin's claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | New York (State). Supreme Court, John Anthon - Law reports, digests, etc - 1854 - 442 pages
...state of Now York, to the Code of Procedure. This counter claim is defined therein as follows : " A cause of action, arising out of the contract or transaction...foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The defence in this case ranges itself very... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...trespass by the landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract...complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377; 1 Abbott, 203.... | |
 | District of Columbia - Law - 1857 - 788 pages
...the action. SEC. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant... | |
 | Civil procedure - 1857 - 610 pages
...It was a claim of the defendant Bloomer only. 3. It was not a cause of action on contract, nor one arising out of the contract or transaction set forth in the complaint, or connected with the subject of the action. 4. That a several judgment could not be had between the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1858 - 616 pages
...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 ; nor do they arise on contract. Third. The facts... | |
 | Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...Richards, 22 Barb., 143), although the defendant may recoup his damages, or set up a counter-claim on a cause of action 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. (Code, § 150, subdv. 1.) The defence... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...by the landlord, and destruc. tion of personal property upon the demised premises. Such a trespass is not " a cause of action arising out of the contract or transao • tion set forth in the complaint as the foundation of the plaintifs claim, nor connected... | |
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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 plaintiffs claim, or connected with the subject of the action; 2. 
