A Treatise on the Law of Set-off, Recoupment, and Counter Claim

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Baker, Voorhis & Company, 1869 - 731 Seiten
 

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Inhalt

378
xxxii
133
xxxv
380
xxxix
381
xl
DEFINITION AND NATURE OF SETOFF 1 Setoff defined 2 At common law 3 By the civil law 4 In courts of equity 5 In cases of account 6 In case...
1
10
10
CHAPTER II
26
384
27
Plaintiff by pleading payment does not wave previous denial
33
In actions brought by the State
39
In the case of a public tax 26 28 29 30 32 37 38
41
CHAPTER III
44
Where before demand becomes mature the opposite claim is assigned 28 Demand against assignor must be owned by the defendant at the time he rec...
74
Where cause of action arises in lifetime of testator
78
Where judgment has been obtained or assigned after
84
Where there has been a settlement of account
90
In case of failure of title
96
Where the demand is conditional or contingent
102
Where the demand is barred by the statute of limitations
108
2212
116
105
134
143
143
THE DEMANDS MUST CONSTITUTE A MUTUAL CREDIT
169
166
201
422 for 7 Ib 218 read 7 Ib
208
Returps of premium adjusted after bankruptcy of underwriter cannot be set off by broker
220
208
224
An executor may set off a debt created with
231
deceased against the assignees of I H and the administrator of the widow of J H It appeared
236
Setoff of debt against legacy to wife of debtor
237
Where the legacy is given free from all debts
243
In action by one of several partners
251
Demand of representatives of deceased partner against member
257
209
258
212
261
218
262
When the demand against one of a firm may be set off against
267
220
271
In action against one of a firm for his individual debt
274
Demand in favor of one of several joint debtors
280
Where the demands though joint are deemed several in law
286
Practice as to joint defendants in the several States
294

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Seite 493 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Seite 173 - That where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other and such matter may be given in evidence upon the general issue, or pleaded in bar, as the nature of the case shall require...
Seite 30 - ... trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or by some unavoidable accident.
Seite 618 - That the Plaintiff at the Commencement of this Suit was, and still is, indebted to the Defendant in an Amount equal to the Plaintiff's Claim, for \here state the Cause of Set-off as in a Declaration ; see Forms ante], which Amount the Defendant is willing to set off against the Plaintiff's Claim.
Seite 108 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Seite 563 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Seite 30 - ... judgments by default, and other matters in the vacation and otherwise in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings.
Seite 481 - But if the seller bas possession of the article, and he sells It as his own, and not as agent for another, and for a fair price, he is understood to warrant the title.
Seite 488 - It is, however, extremely difficult, indeed impossible, to reconcile this doctrine with those cases in which it has been held, that where the property in the specific chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property in...
Seite 319 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad, or at a distance from the place of sale, and he usually sells in his own name, without disclosing that of his principal ; the latter, therefore, with full knowledge of these circumstances, trusts him with the actual possession of the goods, and gives him authority to sell in his own name.

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