Lawton v. Ricketts
Supreme Court of Alabama
Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This suit was instituted by Frank M. Ricketts, the., appellee, on April 18,1893, against Sarah A. Lawton and B. A. Lawton, the appellants ; and sought to recover the sum of one thousand dollars, and the interest due on a promissory note, which was alleged to have been executed by the defendants to the plaintiff on October 1, 1891, and payable with interest one year after date.
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Appeal from the District Court of Lauderdale. Tried before the Hon. W. P. Chitwood. This suit was instituted by Frank M. Ricketts, the., appellee, on April 18,1893, against Sarah A. Lawton and B. A. Lawton, the appellants ; and sought to recover the sum of one thousand dollars, and the interest due on a promissory note, which was alleged to have been executed by the defendants to the plaintiff on October 1, 1891, and payable with interest one year after date. The defendants pleaded the following pleas : “1. Come the defendants, and for plea in this behalf say that the plaintiff is indebted to…
1Opinion of the Court
HARALSON, J. —
1. The first plea of recoupment filed by the defendants is fatally defective as such. If the defendants were suing on the claim of $2,000 here offered to be recouped, it could not be pretended that the averments in this plea would make it a good complaint. — 3 Brick. Dig. 741, § 52.
2. It is sometimes difficult to discriminate set-off from recoupment. They are each, in a sense, set-offs. A set-off is a counter demand, growing out of an independent transaction, whether liquidated or unliquidated, not sounding in damages merely, subsisting between the parties at the commencement of…
2Cases cited2 opinions
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