Belleau v. Thompson

Citations

• 33 Cal. 495

Syllabus

<p>Counted Claim.—A counter claim is a cause of action in favor of the defendant upon which he might have sued the plaintiff, and obtained affirmative relief, in a separate action.</p> <p>Idem.—Where, to an action commenced April 5th, 1867, by B. against T. and S., charging T. and S* as joint makers of a promissory note made and delivered to plaintiff March 22d, 1864, and by its terms payable on demand, S. answering separately, denied the averments of the complaint, and set up that T. made the note sued on, which S., at T.’s request and for T.’s accommodation solely, indorsed and delivered to B. to be negotiated; that no demand for payment had ever been made of T. or notice of dishonor of the note served on S., and prayed judgment that S. is in nowise indebted or liable to plaintiff on said note : held3 that the answer did not constitute a counter claim.</p>