Vernon Parts Corp. v. Granite State MacHine Co.

The essential question we are asked to decide is whether the rule of Arcadia &c. Mills v. Company, 89 N. H. 188, is applicable to the facts alleged in the second and third paragraphs of the defendant’s plea.

Many courts “representing what is perhaps the more widely prevailing modern view, require one invoking any form of judicial relief from them to submit to the enforcement by way of set-off of any counter-claim or cross-claim for relief, even though not otherwise of an equitable nature, or the subject-matter of equitable set-off, if the defendant would be obliged to enforce it in a foreign…