McCullough v. Lewis
Ohio Superior Court, Cincinnati
Special Term. — On demurrer to petition. Action by the payees against the maker of a promissory note. The defendant answers, denying indebtedness and alleging “ that during the years 1854 to 1857, inclusive, he was extensively engaged in the pork-packing business, in the city of Cincinnati, and transacted a large amount of business with plaintiffs as commission merchants, and otherwise; that plaintiffs made advances, in the usual course of business, to defendant, upon…
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Special Term. — On demurrer to petition. Action by the payees against the maker of a promissory note. The defendant answers, denying indebtedness and alleging “ that during the years 1854 to 1857, inclusive, he was extensively engaged in the pork-packing business, in the city of Cincinnati, and transacted a large amount of business with plaintiffs as commission merchants, and otherwise; that plaintiffs made advances, in the usual course of business, to defendant, upon shipments of pork to them at the city of Baltimore, which pork was agreed to be sold upon the advice and for the account of…
1Opinion of the CourtStoker, J.
This is a demurrer on the ground that the set-off is for unliquidated damages.
The items composing the alleged set-off are described in the copy of the account attached to the answer, as required by section 122 of the code.
They are for overcharges made by the plaintiffs:
1. As the factors of defendant in the sale of property consigned to them.
2. Eor disobeying his instructions in selling property consigned, at a less price than was limited.
The code, we suppose, does not essentially change the com*566monly-received idea of a set-off, which by our former practice was confined to wbat was termed…
2Cases cited3 opinions
- Winchester v. HackleySupreme Court of the United States · 1805
- Evens v. HallOhio Superior Court, Cincinnati · 1855
- Cheongwo v. JonesU.S. Circuit Court for the District of Eastern Pennsylvania · 1818