 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...he cannot afterwards maintain an action against the plaintiff therefor. § 648. When cross demands have existed between persons, under such circumstances,...the other, a counter-claim could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...of the action. SEC. 48. When cross demands have existed between persons, under CrOM <i«ni»n<i«. such circumstances, that if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...assignment of his demand. This matter is accordingly regulated by Section 99 of the Code, which provides: "When cross-demands have existed between persons under...brought an action against the other, a counterclaim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment... | |
 | District of Columbia - Law - 1857 - 788 pages
...set-off, he shall not recover costs against the plaintiff in any subsequent action thereon. SEC. 15. When cross-demands have existed between persons under...brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...contract, and existing at the commencement of the action.^) Акт. '*•'!. >ec. 48. When cross demands nt, but if @ ! counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assiifnment... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...claim, are to be taken as admitted. — Graham v. Dunniijan, 4 Abbott, 42G. 48. When cross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
 | Kansas - Law - 1858 - 482 pages
...permitted fendnnt tn lose ,..,«• his set off. to use it as a set-on. SEC. 99. That, when cross demands have existed between persons under such circumstances, that if one had brought an action Cross demands n- , or counter against the other, a counterclaim or set-off could have been set claims... | |
 | Kansas - Session laws - 1859 - 726 pages
...set-off. * SEC. 108. When cross demands have existed between persons cro.idnn.nd., • not MlignftUc. under such circumstances, that if one had brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment... | |
 | Nebraska - Session laws - 1859 - 464 pages
...an action peneated? °° m " against the other, a counter-claim or set-off could have been set up, neither. can be deprived of the benefit thereof, by the assignment or death or the other, but the two demands must be deemed compensated, so far as they equal each other. Guardian... | |
 | California - Civil procedure - 1860 - 388 pages
...the counter claim, are to be taken as admitted. Graham v. Dunnigan, ib. 426. 48. When eross demands have existed between persons, under such circumstances,...if one had brought an action against the other, a counter claim could have been set up, neither shall be deprived of the benefit thereof, by the assignment... | |
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When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither... 
