Bridge v. Johnson
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Johnson sued Bridge on a promissory note for $50, dated 12th March, 1823, payable to Sheldon Smith or bearer, on 1st June, 1824. The defendant pleaded non assumpsit, and gave notice that on the trial of the cause he would set off a promissory note for $17,84, made by Smith to J. A. Spencer or bearer, dated 12th June, 1825, payable on demand, transferred to the defendant; and also, that he would set off a judgment for $12,84, obtained by him in…
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Error from the supreme court. Johnson sued Bridge on a promissory note for $50, dated 12th March, 1823, payable to Sheldon Smith or bearer, on 1st June, 1824. The defendant pleaded non assumpsit, and gave notice that on the trial of the cause he would set off a promissory note for $17,84, made by Smith to J. A. Spencer or bearer, dated 12th June, 1825, payable on demand, transferred to the defendant; and also, that he would set off a judgment for $12,84, obtained by him in the Madison common pleas against Smith, in June, 1825, alleging that at the time of the transfer of the note from Spencer…
1Opinion of the Court
The. following opinions were delivered :*
By the Chancellor.
It is impossible to sustain the writ of error in this-case without overturning the law of the land, as established by the unanimous opinion of all the members of this court in the case of Raymond v. Wheeler, 9 Com-en, 295. In that case, as well as in this, the set off was claimed against one who was neither a party to the record, nor the person for whose benefit the suit was brought. The supreme court decided that the set off could not be allowed againt the person for whose benefit the suit was brought unless such person was the…
2Cases cited5 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Furman v. HaskinNew York Supreme Court · 1805
- Willing v. PetersSupreme Court of Pennsylvania · 1824
- Law & Nelson v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1829
- Prior v. JacocksNew York Supreme Court · 1799
3Cited by27 opinions
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida · 1878
- Morse v. . GooldNew York Court of Appeals · 1854
- Gartley v. People ex rel. Pueblo CountySupreme Court of Colorado · 1897
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