 | New Jersey. Court of Chancery - 1903 - 930 Seiten
...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). Commissioners on Practice and Pleadings - 1850 - 898 Seiten
...judgment might be had 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 plaintiff's claim, or connected with the subject of the action: 2. In an action arising on obligation,... | |
 | Henry Whittaker - 1852 - 900 Seiten
...judgment might be had 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 plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract,... | |
 | New York (State) - 1852 - 606 Seiten
...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,... | |
 | Nathan Howard (Jr.) - 1853 - 594 Seiten
...a counter-claim? According to the first and second subdivisions of section 150, a counter-claim is, 1st, a cause of action arising out of the contract...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action. 2d. In an action arising on contract,... | |
 | New York (State). Supreme Court, John Anthon - 1854 - 442 Seiten
...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...set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the action." Code Proc., sees. 149, 150, &c. The... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 Seiten
...judgment might be had 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 plaintiff's claim, or connected with the subject of the action. 2. In an action arising on contract,... | |
 | New York (State) - 1855 - 802 Seiten
...landlord, and destruction of personal property upon the demised premises. Such a trespass is not a " cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action." Drake v. Cockcroft, 10 Pr. U., 377;... | |
 | Nathan Howard (Jr.) - 1857 - 630 Seiten
...must be one arising from contract, and it may be (under the first subdivision of § 150) exist in 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. That the answer in this case sets up... | |
 | Nathan Howard (Jr.) - 1857 - 614 Seiten
...or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " 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." (Code, § 150, sub. 1.) And this court... | |
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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 plaintiff's claim, or connected with the subject of the action. 
