Conner v. Winton

Winton deposited a sum of money with Conner, who, on demand, refused to deliver it. This action was brought to recover the deposit.

The defendant alleged, by way of counter-claim, that the plaintiff had falsely charged him with stealing the money deposited, whereby he had sustained damages to the amount of 2,000 dollars. The Circuit Court sustained a demurrer to this part of the answer, and, on other issues, the plaintiff had judgment.

Section 59, 2 II. S., p. 41, defines a counter-claim to be any matter arising out of or connected with the cause of action, which might be the subject of an…