Fleming v. Jackson

Defendant has set up a counterclaim for work, labor and services, in the rendition of which he used a list of stockholders which plaintiffs seek to replevy in this action. The counterclaim cannot be interposed under the Civil Practice Act (§ 266, subd. 2) because the complaint is not upon contract; nor can it be interposed under subdivision 1, because the counterclaim does not arise out of the same transaction or contract which constitutes the foundation of the plaintiffs’ claim. That the stockholders’ list was used by the defendant in connection with his rendition of services in no way makes…