Wilkinson v. Searles
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Searles, a broker in Vicksburg, Miss., sued Wilkinson, a broker in Jackson, Miss., for $295, the price of a car-load of meal.sold April 28, 1892. The defendant admitted the correctness of the claim, but pleaded, by way of offset, that plaintiff was indebted to him in the sum of $246.12, on account of former transactions between the parties.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Searles, a broker in Vicksburg, Miss., sued Wilkinson, a broker in Jackson, Miss., for $295, the price of a car-load of meal.sold April 28, 1892. The defendant admitted the correctness of the claim, but pleaded, by way of offset, that plaintiff was indebted to him in the sum of $246.12, on account of former transactions between the parties. The pleas of defendant, in substance, averred that Wilkinson had, some months previously to the purchase of the, meal sued for, bought of the plaintiff ten car-loads…
1Opinion of the CourtCampbell, C. J.
The demurrer should have been overruled. The substance *395of the fourth, fifth and sixth pleas is that the plaintiff has in his hands, by reason of former transactions set forth in the pleas with needless particularity, money which the defendant is entitled to recover, by an action for money had and received; and, whatever may be true elsewhere, under our statute this is a valid set-off. There is nothing in any of the cases from our reports cited by counsel inconsistent with this view. On the contrary, they sustain it.
Reversed, demurrer to the fourth, fifth and sixth pleas overruled, and cause…
2Cited by2 opinions
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