Waddell v. . Darling
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought by the plaintiff to recover of the defendant the sum of ninetydive dollars, money alleged to have been paid for a yoke of oxen by the plaintiff, at the request of the defendant; and also for goods, wares and merchandise sold and delivered.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought by the plaintiff to recover of the defendant the sum of ninetydive dollars, money alleged to have been paid for a yoke of oxen by the plaintiff, at the request of the defendant; and also for goods, wares and merchandise sold and delivered. After setting up other defences, the answer alleges the following as a counter-claim: “ And as a counter-claim to the plaintiff’s cause or causes of action,…
1Opinion of the Court
Earl, C.
The evidence was abundant to sustain the decision of the referee, and the only question for our consideration arises upon the rejection of the evidence as to-the alleged counter-claim. “ Counter-claim ” was a new term., introduced into the Code, which is limited and defined therein. When the action is tipon contract, unless the counter-claim arises out of the contract or transaction set forth in the complaint as the foundation of the plaintiff.’s claim, or be connected with the subject of the action, it must be a legal or equitable, cause of action against 'the plaintiff arising upon…
2Cases cited1 opinion
- Gage v. AngellNew York Supreme Court · 1853
3Cited by12 opinions
- Sullivan v. California Realty Co.California Supreme Court · 1904
- Kugel v. TelseyAppellate Division of the Supreme Court of the State of New York · 1937
- Perlman v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1932
- Sands v. GellerDistrict Court, S.D. New York · 1971
- Bannerot v. McClureSupreme Court of Colorado · 1907
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