...counter-claim, under said subdivision, includes a cause of action arising out of the transaction set forth in the complaint, as the foundation of the plaintiff's...claim or connected with the subject of the action. It has been held in New York, under a statute precisely like our own, that the term "transaction" is...

...the same. It appears that In that state they had a statute which permitted a defendant te plead "a cause of action arising out of the contract or transaction,...claim or connected with the subject of the action," and it was held that a cause of action in tort by the tenant against the plaintiff for conversion of...

...or, in a proper case, against the person whom he represents ; and the causes referred to are those of action arising out of the contract or transaction...claim or connected with the subject of the action, on an action or contract or other cause of action or contract existing at the commencement of the action....

...judgment might be had in the action and arising out of one of the following causes of action: First, a cause of action arising out of the contract or transaction...set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action ; second, in an action arising on contract,...

...and take a nonsuit, where the defendant has pleaded as a counter-claim, under Code NC § 244, prov. 1, a cause of action arising out of the contract or transaction set forth in the complaint as the ground of plaintiff's cause of action. Appeal from superior court, Wake county. Spier Whitaker,...

...defendant, or of one or more defendants, between whom and the plaintiff a separate judgment may be had in the action : "1. A cause of action arising out...claim, or connected with the subject of the action. -Z. • • • " subdivision 2 is not involved here. This is not an action on a contract; it is for...

...section 501, Code Civ. Proc., a tenant who is sued for rent may interpose a counterclaim upon (i) a cause of action arising out of the contract or transaction...claim, or connected with the subject of the action ; or (2) in an action on contract, any other cause of action on contract which existed at the commencement...

...the price of labor furnished after the contract expired. Recoupment, like a counterclaim, must be a cause of action "arising out of the contract or transaction...claim or connected with the subject of the action." The contract, with the State, the alleged violation of which forms the basis of defendant's claim for...

...defence or counter-claim. § 244 only authorizes a counter-claim when, as "a cause of action," it is one "arising out of the contract or transaction set forth...claim, or connected with the subject of the action ;" or when the action is on a contract a counter-claim on another and independent contract is allowed....

...cause of action in favor of the defendants, or some of them, against the plaintiffs, or some of them, arising out of the contract or transaction set forth...claim or connected with the subject of the action." This section has frequently been before the court for construction, and .one of the leading cases on...