Strong v. Nelson
North Dakota Supreme Court
Appeal from the District Court of Barues County, Honorable J. A. €offey, Judge. Defendants appeal. In actions arising on contract, the defendant may set' forth in answer by way of counterclaim any other cause of action on contract, existing at the time of the commencement of the action. Comp. Laws 1913, §■ 7449; St. Louis Public Schools v. Broadway Sav. Bank, 12 Mo. App. 104, 84 Mo. 56; Cal. Civ.
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Appeal from the District Court of Barues County, Honorable J. A. €offey, Judge. Defendants appeal. In actions arising on contract, the defendant may set' forth in answer by way of counterclaim any other cause of action on contract, existing at the time of the commencement of the action. Comp. Laws 1913, §■ 7449; St. Louis Public Schools v. Broadway Sav. Bank, 12 Mo. App. 104, 84 Mo. 56; Cal. Civ. Code, § 438; Wheelock v. Pacific Pneumatic Gas Co. 51 Cal. 223; American Ink Co. v. Piegel Sack Co. 141 N. Y. Supp. 549, 79 Misc. 421, Í40 N. Y. Supp. 107; Williams v. Wieting,. 3 Thomp. & G. 439;…
1Opinion of the CourtChristianson, J.
The plaintiff brought this action to recover upon a promissory note executed by the defendants, and payable to the plaintiff. The defendants in their answer admit the execution and delivery of the note and nonpayment thereof. By way of defense and counterclaim they aver that the plaintiff has been engaged in business at Jamestown, under the name of Strong Land Company, and that during-July, 1914, the defendants purchased “from said plaintiff, and one B. B. Lowe, and the said Strong Land Company, some land located in the island of Cuba;” that in payment of said land the defendants traded and…
2Cases cited2 opinions
- Wright v. DickinsonMichigan Supreme Court · 1887
- Laflin v. HoweIllinois Supreme Court · 1885
3Cited by2 opinions
- Grant v. JacobsNorth Dakota Supreme Court · 1948
- Aller v. BobbNorth Dakota Supreme Court · 1929