Baldwin v. Briggs

— It seems to me that the demurrer in this action must he sustained. There are many cases which decide that in a suit against two or more persons, as partners, a several claim in favor of one defendant only cannot he 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…