 | New Jersey. Supreme Court - Law reports, digests, etc - 1916 - 848 pages
...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 - Law reports, digests, etc - 1917 - 840 pages
...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 - Civil procedure - 1850 - 898 pages
...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 - Civil procedure - 1852 - 900 pages
...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) - Civil procedure - 1852 - 606 pages
...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.) - Civil procedure - 1853 - 594 pages
...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 - 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 set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the suhject of the action."... | |
 | 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 set forth in the complaint as the foundation of the plaintiff's claim, nor connected with th« subject of the action."... | |
 | Civil procedure - 1857 - 610 pages
...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. 
