Naylor v. Schenck

The only question presented by this appeal is this: Where a defendant has commenced an action for damages for the breach of a contract made by the plaintiff, and thereafter the plaintiff brings a cross action upon the same contract against the defendant, may the defendant recoup his damages in the latter action', or does the pendency of the former suit prevent it ?

In this case the plaintiff brought his action in the Marine Court for rent due on a lease. The defendants, by way of defence, setup the non-performance of the covenants in the lease by the plaintiff, and claimed to recoup their…