Kubat v. Zika

Defendant W. J. Zika appeals from an order sustaining a demurrer to a counterclaim pleaded in the answer.

Plaintiff brought this action to recover on a promissory note given by the defendant W. J. Zika and another. Defendant interposed a counterclaim for money wrongfully obtained and appropriated from defendant’s automobile and garage business by plaintiff while an employe of defendant in such business. Plaintiff demurred to this counterclaim, and the court sustained the demurrer on the ground that the counterclaim was based pn an independent tort and could not be set up as a counterclaim in…