Sunrise Produce Co. v. Malovich

Defendant appeals from a judgment on the pleadings in favor of plaintiff.

Question Presented

May a claim barred by the statute of limitations at the time plaintiff’s action is filed, nevertheless be pleaded as a counterclaim ?

Record

Plaintiff filed suit on common counts for the sum of $3,850, for goods, wares and merchandise sold and delivered to defendant. Defendant answered, admitting the allegations of the complaint but setting up a counterclaim for trailer rentals in the sum of $40,450. He also cross-complained for the same amount. The court sustained without leave to amend plaintiff’s…