48

Two types of C.L. counterclaims:
1. Recoupment — arises out of same transact.
2. Set—off — " " " indep. " .

There'd be more reasons to add Set—offs to
judgment sought because they're indepedent, &
each could win on each.
Compulsory counterclaims are in effect
Recoupment, and must be filed in this
suit or last.
Permissive counterclaim are in
effect Set—offs, and may be set up at
D's option.
Dobie says counterclaims should
not be taken into ¢ at all.

D. Interest and Costs.

[Edwards v. Bates County (p. 264)]
[Excellent opinion]
Why exclude interest? — So that the
parties could not just sit & wait until amt.
got up to jurisd. amt.
Suit on coupons is not a suit for
interest — it's a principal claim — an
independent premise.
This is a primary obligation.
Coupons may be negotiated, sold, assigned,
etc.