Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18
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In our eReader you can find the full English version of the book. Read Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18
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To quickly assess the difficulty of the text, read a short excerpt:
bill of excepjions ; and thirdly, that having covenanted with Brack, upon the dissolution of the firm, that he would psy this demand, and exonerate Brack fron> its- payment, and having received funds (or the purpose of making such payment, as the consideration of his separafe undertaking, an action has accrued lo the plaintiffs, to recover from him this debt.
If all, or either of these positions can be supported, then the set-off is available, and the court below erred in rejecting it.
Since th...e statute authorises tbe prosecution of an action against an) one or more of the members of a firm, upon their co-part- nership liability, it is difficult to determine upon what principle we can deny tl>e right of set- off of such demand, when one of the partners sues- the creditor of the firm. The set-off is in the na- ture of a cross action, and as a general rule, is allowed to be pleaded, when the defendant could maintain his action at law against the plaintiff, upon the demand sought to be set off, and in the same rig.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
bill of excepjions ; and thirdly, that having covenanted with Brack, upon the dissolution of the firm, that he would psy this demand, and exonerate Brack fron> its- payment, and having received funds (or the purpose of making such payment, as the consideration of his separafe undertaking, an action has accrued lo the plaintiffs, to recover from him this debt.
If all, or either of these positions can be supported, then the set-off is available, and the court below erred in rejecting it.
Since th...e statute authorises tbe prosecution of an action against an) one or more of the members of a firm, upon their co-part- nership liability, it is difficult to determine upon what principle we can deny tl>e right of set- off of such demand, when one of the partners sues- the creditor of the firm. The set-off is in the na- ture of a cross action, and as a general rule, is allowed to be pleaded, when the defendant could maintain his action at law against the plaintiff, upon the demand sought to be set off, and in the same rig.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 18?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
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