Baldwin v. Briggs

It seems to me that the demurrer in this action must be sustained. There are many cases which decide that in a suit against two or more persons or partners a several claim in favor of one defendant only cannot be enforced as a counter-claim (Hurlburt agt. Post, 1 Bosw., 28; Peabody agt. Bloomer, 3 Abb. Pr., 353; 6 Duer, 53; Mott agt. Burnett, 2 E. D. Smith, 50). I can see no reason why the converse of the proposition should not be equally true, viz., that where one defendant is sued upon an individual liability he cannot set up as a counter-claim a claim which he holds jointly with another…