Williams v. Crary
New York Supreme Court
On demurrer to the defendant’s plea. ■ The action was assumpsit for goods sold to, and work and labor, care and diligence done, performed, and bestowed by the plaintiff, and his servants,-horses and carnages, in and about the busjIiesg 0f the defendant’s testatrix, in her life time, Sec. with 1 the money counts, The defendant pleaded several pleas; .the third of which was, that the plaintiff, in the life time of the defendant’s testatrix; to wit, August 6th, 1806, made a…
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On demurrer to the defendant’s plea. ■ The action was assumpsit for goods sold to, and work and labor, care and diligence done, performed, and bestowed by the plaintiff, and his servants,-horses and carnages, in and about the busjIiesg 0f the defendant’s testatrix, in her life time, Sec. with 1 the money counts, The defendant pleaded several pleas; .the third of which was, that the plaintiff, in the life time of the defendant’s testatrix; to wit, August 6th, 1806, made a bond and mortgage to ^ defendant’s testatrix, conditioned for $1000, annuity, 7 w 7 J' to her during her natural life; that…
1Opinion of the Court
Curia, per Sutherland,.!.
The demurrer is well taken. The plea is bad both in form and substance. From the conclusion, it seems to be intended as a plea of set-off. In this respect it is bad: because a set-off under our statute, .cannot be specially pleaded; but must be taken advantage of under the general issue, by way of notice. (Alsop v. Caines, 10 John. 399. 13 John. 24.)
There is no right of set-off at common law. It is a remedy given exclusively by statute. The mode in which the statute authorizes parties to avail themselves of it, is by a *370plea of the general issue, and notice. This mode,…
2Cases cited1 opinion
- Caines v. BrisbanCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by11 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- In re the Judicial Settlement of the Account of ArntonAppellate Division of the Supreme Court of the State of New York · 1905
- Adams v. OlinNew York Supreme Court · 1891
- In re the Estate of BurtonNew York Surrogate's Court · 1932
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