 | New York (State) - Civil procedure - 1852 - 606 pages
...whom a several 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...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
...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...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.... | |
 | 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 - 1861 - 618 pages
...that the answer may cDntain a statement of any new matter constituting a counter claim, which is 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 ' Brown agt. Buckingham. the subject of the action. This language... | |
 | New York (State) - Law - 1863 - 1026 pages
...several judgment might be had in "'"* the action, and arising out of one of the following causes of dl action : 1. A cause of action arising out of the contract...set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action ; 2. In an action arising on contract,... | |
 | John Townshend - Civil procedure - 1864 - 320 pages
...judgment might be had in the action, and arising out of one of the following causes of action : j^ 1. A cause of action arising out of the contract or...complaint as the foundation of the plaintiff's claim, v or connected with the subject of the action ; ., 2. In an action arising on contract, any other cause... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - Law reports, digests, etc - 1864 - 772 pages
...claim in the present case. The other clause of the section, defming a counterclaim, describes it as " 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." Now, the contract set forth in the... | |
 | Statutes - 1870 - 288 pages
...whom a several jndgment might he 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...complaint, as the foundation of the plaintiff's claim, or counected with the suhject of the action. 2. In an action arising on contract, any other cause of action... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...whom a several 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...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,... | |
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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. 2. In an action on contract, any other cause of action on contract, existing... 
