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action administrator afterwards agent agreed agreement agst allowed amount appeared applied arising assignment balance bank bankrupt bankruptcy Barb became become belonged benefit bill bond broker brought cause claim commencement consideration contract costs court creditor damages death debt due debtor deceased defendant delivered demand effect entitled equity evidence execution executor existed fact favor firm founded give given ground hands held husband indebted indorsed insolvent interest intestate John joint judgment latter legacy liable lien loss maker ment mortgage mutual nature notice obtained offered original owner paid partnership party payable payee payment person plaintiff pleaded premium present principal promissory note proved purchase question reason received recover rent retain returns rule separate set-off Smith sold statute sued suit supra Term third tion transferred trust underwriter United whole wife
Seite 493 - ... 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, any other cause of action arising also on contract, and existing at the commencement of the action.
Seite 173 - That where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...
Seite 30 - ... trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or by some unavoidable accident.
Seite 618 - That the Plaintiff at the Commencement of this Suit was, and still is, indebted to the Defendant in an Amount equal to the Plaintiff's Claim, for \here state the Cause of Set-off as in a Declaration ; see Forms ante], which Amount the Defendant is willing to set off against the Plaintiff's Claim.
Seite 108 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Seite 563 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Seite 30 - ... judgments by default, and other matters in the vacation and otherwise in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings.
Seite 481 - But if the seller bas possession of the article, and he sells It as his own, and not as agent for another, and for a fair price, he is understood to warrant the title.
Seite 488 - It is, however, extremely difficult, indeed impossible, to reconcile this doctrine with those cases in which it has been held, that where the property in the specific chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property in...
Seite 319 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad, or at a distance from the place of sale, and he usually sells in his own name, without disclosing that of his principal ; the latter, therefore, with full knowledge of these circumstances, trusts him with the actual possession of the goods, and gives him authority to sell in his own name.