A Summary of the Law of Set Off With An Appendix of Cases Argued And Determined

Cover A Summary of the Law of Set Off With An Appendix of Cases Argued And Determined
A Summary of the Law of Set Off With An Appendix of Cases Argued And Determined
Basil Montagu
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Paid his Avhole debt of 1356/. 0, ?. Od. To the assignees ; but aftenAards, discoveiing his mistake, he brought an action for money had and received : and, upon a case stated for the opinion of the court, recoA'e red the sum of 661/. 9s. LOrf.
Wilson, assignee of Fletcher, v. Watson and Creighton, M. 23 Geo. Ill Ksp. Ni^i Pri. 974. The defendants were insurancc-brokere, and the bank IN GENERAL. 33 Tvitli tlie name of tlie principal *. And the foctor sell a»s factor in the usual course of his bu
...siness, and the buyer kn. Ow him to be tactor. {'2t) To a demand of an agent who deals as ])rinci]xil, tiie buyer cannot set-off a debt lo him from the principal. (2i') . 4s to husband and wife.
A debt due to a man in right of his wife cannot be set-off in an action against him on his own bond. (2x) A debt of the wife's, dum sola, cannot be set-off against a claim made bv the husband alone ; unless after marriage, he make the debt his own. (2^) rupt before his bankruptcy, had underwritten foi- them several policies on the ^oods, the property of others, which had been losses, and tor which the bankrupt was liable : to an action brought against the defendants for money due to the bankrupt, they pleaded a set-oft" of these losses : but it was held that the losses being on goods the property of others, the dc!jts were properly to them, not to the brokers, and therefore could not be set-otf to a demand against the broker himself.


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