23 Abb. N. Cas. 60 | City of New York Municipal Court | 1889
A cause of action for con version may be set up as a counterclaim to a cause of action on contract, provided the two causes arose out of or were connected with the same transaction. Weston v. Turver, 1 N. Y. Supp. 807; Farrell v. Krone, 24 Wkly. Dig. 89; Morris v. Emmons, 4 N. Y. St. Rep. 882; Cass v. Higenbotam, 100 N. Y. 248, 3 N. E. Rep. 189. The old cases to the contrary have been repeatedly overruled. Ho other construction of section 501 of the Code
This section provides that one subject of a counter-claim shall be “a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim, or connected with the subject of the action. ”