 ... 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 on contract, any other cause of action on contract,...  Popular Law Library, Putney... - Page 91by Albert H. Putney - 1908Full view - About this book
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1919 - 874 pages
...Hull, Jr., and a breach thereof by the latter. The counterclaim set up in defendant's answer stated a cause of action on contract existing at the commencement of the action. We conclude, however, that it was error to grant judgment in favor of John Hull, Jr., for the amount... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...causes of action against the plaintiff, or, in a proper case, against the person whom he represents, and in favor of the defendant, or of one or more defendants,...contract, existing at the commencement of the action. Code Pro., § 150, subd. 1 and 2, and introductory clause, amended. See Wait's Code, 262, notes to... | |
 | New York (State) - 1879 - 436 pages
...causes of action against the plaintiff, or, in a proper case, against the person whom he represents, and in favor of the defendant, or of one or more defendants,...contract, existing at the commencement of the action. § 502. But the counterclaim, specified in subdivision second of the last section, is subject to the... | |
 | New York (State) - 1880 - 668 pages
...out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action....contract, existing at the commencement of the action.(*) [Substituted for portions of Co. Proc., § 150. The words, "mnst tend in some way to diminish or defeat... | |
 | John Bouvier - Law - 1883 - 870 pages
...causes of action against the plaintiff, or, in a proper case, against the person whom he represent*, and in favor of the defendant, or of one or more defendants,...contract existing at the commencement of the action. NY Code, 1877, § 501. See 21 NY 191 ; 51 id. 327 ; B7 id. 48 ; 21 Hun, 240 ; 8 How. Pr. 122, 335;... | |
 | Civil procedure - 1883 - 524 pages
...(NYCP Sp. T.). (4) Subdivision 2 of section 501 provides that a counter-claim is sufficient, if it is "in an action on contract, any other cause of action...contract, existing at the commencement of the action. This is also an almost literal transcript of the corresponding subdivision of section 150 of the former... | |
 | Civil procedure - 1885 - 536 pages
...knowledge required by this exacting provision. A counter-claim must be one of the two following causes of action : 1. A cause of action arising out of the contract...contract existing at the commencement of the action. If the rule is to be ariplied as above, it is clear that the pleader must show that the plaintiff has... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...be had ill the action : 1. A cause of action, arising out of the contract or transad ion, set forth in the complaint as the foundation of the plaintiff's...contract, existing at the commencement of the action. § 502. [am'd 1877.] But the counterclaim, specified in subdivision second of the last section, is... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1885 - 672 pages
...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....contract existing at the commencement of the action. If the rule is to be applied as above, it is clear that the pleader must show that the plaintiff has... | |
 | Civil procedure - 1887 - 814 pages
...defendant, or of one or more defendants, between whom and the plaintiff a separate judgment may be hud in the action : 1. A cause of action, arising out...contract, existing at the commencement of the action. § 602. [am'd 1877.] But the counterclaim, specified in subdivision second of the last section, is... | |
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