 | New Jersey. Supreme Court - 1916 - 848 Seiten
...p. 4084) provides that in an action upon a contract, whether under seal or not, "the defendant may recoup all damages which he may have sustained by...action arising out of the contract or transaction which is the subject of the action." By virtue of this statutory provision the Leonard company would... | |
 | New Jersey. Supreme Court - 1917 - 840 Seiten
...2. The provision of section 64 of the District Court act authorizing recoupment not only of damages sustained by reason of any cause of action arising out of the contract, but also of damages sustained by reason of any cause connected with the subject of the action, was... | |
 | 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:... | |
 | 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.... | |
 | 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 ;... | |
 | Nathan Howard (Jr.) - 1853 - 594 Seiten
...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.... | |
 | 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."... | |
 | 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."... | |
 | 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.... | |
 | 1857 - 610 Seiten
...the provisions of that statute have extended the right of the defendant by way of counter-claim, to any cause of action arising out of the contract or transaction set forth in the complaint as the cause of action ; or connected with the subject of the action ; as well as to any... | |
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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. 
