8.01-423 - When plaintiff claims as assignee or transferee.
§ 8.01-423. When plaintiff claims as assignee or transferee.
If the plaintiff claims as assignee or transferee under a person with whomthe contract sued on was originally made, and the defendant's claim exceedsthe plaintiff's demand, the defendant:
1. In his counterclaim, may waive the benefit of his claim as to any excessbeyond the plaintiff's claim, whereupon, the further proceedings shall beupon the plaintiff's claim and the defendant's counterclaim as a defensethereto; or
2. Instead of such waiver such defendant may, by rule issued by the court, towhich rule shall be attached a copy of the counterclaim and served on theperson, under whom plaintiff claims as aforesaid, make such person a party tothe action; and, on the trial of the case, the jury shall ascertain andapply, the amount and interest to which the defendant is entitled; and, forany excess beyond the plaintiff's demand for which such person under whom theplaintiff claims as aforesaid is liable, with such interest as the court orjury allows, judgment shall be rendered for the defendant against such person.
(Code 1950, § 8-246; 1954, c. 619; 1977, c. 617.)