 | New Jersey. Court of Chancery - 1903 - 930 페이지
...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 페이지
...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 페이지
...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 페이지
...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 페이지
...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 or transaction...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 페이지
...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... | |
 | New York (State) - 1855 - 802 페이지
...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 - 614 페이지
...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... | |
 | District of Columbia - 1857 - 788 페이지
...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... | |
 | 1857 - 610 페이지
...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... | |
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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. 
