Saxon v. Saxon

This is a motion for an order dismissing the counterclaim contained in the answer, made pursuant to subdivision 4 of rule 109 of the Rules of Civil Practice, on the ground that it appears on the face of the counterclaim that the counterclaim is not one which may be properly interposed in this action for the reason that the action herein is on contract and the counterclaim “ does not arise out of the transaction set forth as the foundation of the plaintiff’s claim and is not connected with the subject of the action.”

Plaintiff is the wife of the defendant. The action is to recover for expenses…