Ter Kuile v. Maraland
New York Supreme Court
Appeal from special term, New York county. Action by Jacob Ter Kuile against Frank E. Maraland. From an interlocutory judgment sustaining a demurrer to a counterclaim set up in the answer, defendant appeals.
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Appeal from special term, New York county. Action by Jacob Ter Kuile against Frank E. Maraland. From an interlocutory judgment sustaining a demurrer to a counterclaim set up in the answer, defendant appeals. It is alleged in the complaint that April 1, 1892, the litigants and Orme, Evans & Co. executed a written contract by which defendant agreed to solicit orders from dealers in the United States and Canada for goods manufactured by said firm, which orders were to be in writing, and all bills for goods were to be made out in the name of “Frank E. Maraland, Agent,” and that it should be…
1Opinion of the CourtFollett, J.
The defendant may plead as a counterclaim a cause of action against a plaintiff which tends to diminish or defeat the plaintiff’s recovery, provided the cause of action is embraced within the two subdivisions of section 501 of the Code of Civil Procedure here quoted:
“1. A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action.
*7“2. In an action on contract, any oilier cause of action on contract, existing at the commencement of the action.”
The counterclaims set up in the…
2Cases cited2 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Thomson v. . SandersNew York Court of Appeals · 1890
3Cited by28 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Scott v. WaggonerMontana Supreme Court · 1914
- Ader v. BlauNew York Court of Appeals · 1925
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
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