Ward v. Fellers
Michigan Supreme Court
Case reserved from Wayne Circuit. This was an action of assumpsit originally brought in a Justice’s Court, and upon appeal, tried in the Circuit Court for the County of Wayne. The plaintiffs claimed to recover as common carriers for freight and charges for the transportation of eight packages of merchandize, against which the defendants set up a claim by way of recoupment against the plaintiffs for damages done to the goods while in the plaintiffs’ possesion.
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Case reserved from Wayne Circuit. This was an action of assumpsit originally brought in a Justice’s Court, and upon appeal, tried in the Circuit Court for the County of Wayne. The plaintiffs claimed to recover as common carriers for freight and charges for the transportation of eight packages of merchandize, against which the defendants set up a claim by way of recoupment against the plaintiffs for damages done to the goods while in the plaintiffs’ possesion. The cause was tried by jury and a special verdict found, « That the defendants are indebted to the plaintiffs in the sum of $34 94 for…
1Opinion of the Court
By the Court,
Martin, J.
At the common law, a defendant was in no instance allowed to recover a judgment for damages for a positive claim against a plaintiff. To obviate the rigor of this rule of law, and as well to avoid a multiplicity of actions as to enable parties where there were mutual cross demands unconnected with each other, and arising upon contract express or impli*286ed, which are liquidated or capable of being ascertained by calculation, and not resting in opinion only, to have the whole adjudicated upon in one action, the statutes of set-off wei’e enacted. Hence, set-off is the…
2Cases cited7 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Curtis v. WardSupreme Court of Connecticut · 1850
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Still v. HallNew York Supreme Court · 1838
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3Cited by25 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Metallgesellschaft A.G. v. M/v Capitan Constante and Yacimientos Petroliferos FiscalesCourt of Appeals for the Second Circuit · 1986
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Belden v. PerkinsIllinois Supreme Court · 1875
- Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
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