Irish Chancery Reports, volume 3

Cover Irish Chancery Reports, volume 3
Irish Chancery Reports, volume 3
Ireland. High Court of Chancery, Ireland. Rolls Court, Ireland. Court for Relief of Insolvent Debtors, Ireland. Court of Bankruptcy And Insolvancy, Ireland. Landed Estates Court
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In Freeman v. Lonuu\e\ to which case I shall have to refer again on the second point which arises, yice-Chancellor Wigram referred to and adopted those authorities.* The second question which arises in this case is, whether, if the demands are not properly the subject of set-off, there is any ground to raise a presumption or inference of an agreement, express or implied, between Henry Baldwin and Franklyn Baldwin, that the one demand was to be set off against the other ?
It is of course clear,
...both at law and in equity, that where cross demands, whether properly the subject of set-off or not, have, by subsequent express agreement, been connected and stipulated to be set off against or deducted ftom each other, the balance is the debt, and is the only sum recoverable by the suit, without any plea or notice of set-off.' The cases at Law, of Sturdy v. Amaud{f\ and Dobson V. Loekhart{g)y ai-e examples of that rule. It is also clear that in equity there may be an agreement, express or implied, that one demand is to be applied in satisfaction of another.

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