 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...  Acts of the State of Ohio - Página 283de Ohio - 1900Visualização completa - Sobre este livro
 | 1894 - 1160 páginas
...therefor, by the effect of section 440 of the Code of Civil Procedure, which provides: "When cross demands have existed between persons under such circumstances...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,... | |
 | 1895 - 1312 páginas
...statutory regulations In this state. The language of section 106 of the Civil Code is: "When cross demands have existed between persons under such circumstances...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 or... | |
 | Abraham Clark Freeman - 1896 - 1036 páginas
...statutory regulation in thia state. The language of section 106 of the Civil Code is: " When cross demands have existed between persons under such circumstances...neither can be deprived of the benefit thereof by the assignment or death of the other, but the two demands must be deemed compensated no far aa they... | |
 | California, James Henry Deering - 1897 - 1066 páginas
...neither he nor his assignee can afterward maintain an action against the plaintiff therefor. § 440. When cross-demands have existed between persons under...brought an action against the other, a counter-claim could have been set up, the two demands shall be deemed compensated, so far as they equal each other,... | |
 | Utah - 1897 - 1260 páginas
...davs afterward. Marks v. Tompkius, 7 U. 421; 27 P. 6. 2971. Cross-demands compensated as far as equal. When crossdemands have existed between persons under...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,... | |
 | Abraham Clark Freeman - 1898 - 1014 páginas
...action" (Code Civ. Proc., sec. 438, subd. 2) is not in the New York statute. Section 440 provides that: "When cross-demands have existed between persons under...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,... | |
 | Morris March Estee - 1898 - 1096 páginas
...upon which he might have sued the plaintiff and obtained affirmative relief in a separate action.s When cross-demands have existed between persons under...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,... | |
 | 1899 - 888 páginas
...the assignor not due at the time of the assignment. Section 5077, Rev. Stat. of Ohio, provides that, "when cross-demands have existed between persons,...the other a counter-claim or set-off could have been set-off, neither can be deprived of the benefit thereof by the assignment by the other, or by his death,... | |
 | 1899 - 1162 páginas
...against the party, or the assignee, while the contract belonged to him." Section 698 Is as follows: "When cross-demands have existed between persons under...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,... | |
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