Holland Banking Co. v. Chase National Bank

This is a motion by the plaintiff to dismiss the

first, second, third, fourth and fifth counterclaims contained in defendant’s answer, on the ground that none of them states facts sufficient to constitute a cause of action, that none of them is such as may be interposed in this action,, and upon other grounds stated in the moving papers. The rules of our counterclaim statute are mandatory. A counterclaim must state a cause 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, between whom and…