Wait v. Wheeler & Wilson Manufacturing Co.
Oregon Supreme Court
Marion County: Reuben P. Boise, Judge. Plaintiff appeals. On January 23, 1892, the Wheeler & Wilson Manufacturing Company commenced an action at law in a justice’s court against the appellant to recover the sum of $106 and interest on a promissory note executed by appellant on the twentieth day of November, 1890. To the complaint, which is in the usual form, the appellant filed the following answer: ‘ ‘ This day comes said defendant, by Bonham & Holmes, his attorneys, and…
Read the full summary
Marion County: Reuben P. Boise, Judge. Plaintiff appeals. On January 23, 1892, the Wheeler & Wilson Manufacturing Company commenced an action at law in a justice’s court against the appellant to recover the sum of $106 and interest on a promissory note executed by appellant on the twentieth day of November, 1890. To the complaint, which is in the usual form, the appellant filed the following answer: ‘ ‘ This day comes said defendant, by Bonham & Holmes, his attorneys, and for answer to plaintiff’s complaint on file herein, denies that no part of said note set out in plaintiff’s complaint has…
1Opinion of the CourtBean, J.
(after stating the facts). — 1. But one question is presented by this record, and that is, does the matter pleaded in the answer as a further and separate defense constitute a counter-claim wfchin the meaning of our Code ? So far as this question is concerned, the Code provides that the counter-claim “must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had,” and “arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff’s claim”: Hill's Code, § 73. Two classes of counter-claims are here…
2Cases cited3 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Conner v. WintonIndiana Supreme Court · 1856
- Loewenberg v. RosenthalOregon Supreme Court · 1889
3Cited by7 opinions
- Krausse v. GreenfieldOregon Supreme Court · 1912
- McCargar v. WileyOregon Supreme Court · 1924
- Chance v. CarterOregon Supreme Court · 1916
- Wollan v. McKayIdaho Supreme Court · 1913
- Hackett Digger Co. v. CarlsonOregon Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.