COUNTER-CLAIM

A claim presented by a defendant in opposition to or deduction from the claim of the plaintifl'. A species of set-ofl' or recoupment introduced by the K codes of civil procedure in several of the states, of a broad and liberal character..A. counter-claim must be one "existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out L of one of the following causes of action: (1) 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 action; (2) M in an action arisini on contract, any otl:.er, [s. 287]