 ... 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,...  The New York Supplement - Page 2271898Full view - About this book
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 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 - 1877 - 662 pages
...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...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
...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...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
...complaint as the foundation of the plaintiff'* claim, or connected with the subject of the action. 2. In an action on contract, any other cause of 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 - 1883 - 870 pages
...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...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;... | |
 | 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... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1885 - 672 pages
...complaint as the foundation of the plaintiffs claim or connected with the subject of the action. 2. In an action on contract, any other cause of 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... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...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...contract, existing at the commencement of the action. § 502. [am'd 1877.] But the counterclaim, specified in subdivision second of the last section, is... | |
 | 1887 - 814 pages
...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...contract, existing at the commencement of the action. § 602. [am'd 1877.] But the counterclaim, specified in subdivision second of the last section, is... | |
| |
