Tustin v. Cameron
Supreme Court of Pennsylvania
IN ERROR, Error to the District Court for the City and County of Philadelphia. In the Court below John Cameron brought an action on the case against Thomas Tustin and George W. Harris, lately trading under the firm of Tustin & Harris, upon two promissoi’y notes, dated the 2d of October, 1838, for five hundred and fifty-three dollars each, drawn by the defendants in favour of the plaintiff; one payable in thirty days, and the other in sixty days after date.
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IN ERROR, Error to the District Court for the City and County of Philadelphia. In the Court below John Cameron brought an action on the case against Thomas Tustin and George W. Harris, lately trading under the firm of Tustin & Harris, upon two promissoi’y notes, dated the 2d of October, 1838, for five hundred and fifty-three dollars each, drawn by the defendants in favour of the plaintiff; one payable in thirty days, and the other in sixty days after date. The defendants filed the following affidavit of defence. “ George W. Harris, one of the defendants above named, being duly sworn, says: —…
1Per curiam
This case has every feature of Wrenshall v. Cook, except the plaintiff’s insolvency. Such a feature, however, is not an essential one; though, existing in that case, it was stated as a circumstance to make the expediency of a set-off more apparent. It is the practicability of avoiding circuity and needless costs with safety and convenience to all parties, which determines the question of set-off: .and an increasing liberality has greatly, but cautiously and beneficially enlarged the doctrine within a few years past. Thus in Childerston v. Hammond, (9 Serg. & Rawle, 68,) and Stewart v.…
2Cases cited3 opinions
- Henderson v. LewisSupreme Court of Pennsylvania · 1823
- Childerston v. HammonSupreme Court of Pennsylvania · 1822
- Stewart ex rel. Salaignac v. CoulterSupreme Court of Pennsylvania · 1825
3Cited by11 opinions
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Jack v. KlepserSupreme Court of Pennsylvania · 1900
- Sullivan v. NicoulinSupreme Court of Iowa · 1901
- Cochran v. CutterSuperior Court of Pennsylvania · 1901
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