JOHNSTON, C. J.
In Derry Loan &c. Company v. Falconer, 84 N.H. 450, 454, it was stated that "a counterclaim other than a debt or demand which is the subject of set-off or recoupment is not known to the common law and does not here obtain by statute." Accordingly, when the defendant refers to counterclaims, it is understood in this case that it means claims of set-off.
The exceptions taken raise the questions of whether there was any evidence...
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