Brunet v. Holden Paper Box Co.

Citations

• 16 Ohio N.P. (n.s.) 465

Syllabus

<p>Recoupment — Not Known to the Common Laio — But is in Effect a Counter-Claim — Right of, Has Been Extended in Modern Practice— Pleading and the Resignation Given to a Claim.</p> <p>The Code of Civil Procedure does not provide for tbat form of pleading known as “recoupment,” but instead employs tbe term “counterclaim,” which includes both recoupment and set-off. However, recoupment still exists in fact, and if properly pleaded, will not be struck from an answer merely because it is designated as a “recoupment,” and not as a “counter-claim.”</p>