Swift & Co. v. Sullivan

(dissenting) : This is an action upon a note, from the defendants to the plaintiff, dated June 15, 1921, for $1,304.28, payable October 15, 1921, with interest from maturity .at 8 per cent, per annum with 10 per cent, attorney’s fees.

The complaint is in the usual form. The answer admits the execution of the note sued upon. It contains allegations by way of defense, hereinafter referred to. These allegations are not formally set up as a counterclaim, as they should have been, but, as the plaintiff replied thereto as a counterclaim, they will be considered as such.

The counterclaims amount to…