Seymour v. Sexton
Supreme Court of Pennsylvania
ERROR to the district court of Crawford county. This was an action of debt upon bond, commenced in the common pleas of Crawford county, by-Sexton against-Seymour, whence it was removed, before trial, by certiorari, into the district court.
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ERROR to the district court of Crawford county. This was an action of debt upon bond, commenced in the common pleas of Crawford county, by-Sexton against-Seymour, whence it was removed, before trial, by certiorari, into the district court. The bond was given on the 2d day of April 1836, in the sum of 2400 dollars, conditioned for the payment of 200 dollars, on the 1st day of July then next following, and the like sum of 200 dollars annually thereafter, on the 1st day of January, until 1200 dollars in all should be paid. The suit was brought in January 1S37; and the breaches assigned were for…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The nature and application' of set-off seem to have been misapprehended in the court below. Set-off is only applicable when the parties to the action have mutual and independent debts or claims, arising out of separate and distinct contracts against each other; which, therefore, could not be settled by set-off at common law, without the consent of both parties; but, in order to effect this without such consent, where a suit was brought by one against the other, and thereby prevent circuity of action, the defendant is now authorized by…
2Cited by3 opinions
- Early v. FlannerySupreme Court of Vermont · 1875
- Brown v. ShirkIndiana Supreme Court · 1881
- Albert v. WinnCourt of Appeals of Maryland · 1849