Wright v. Cobleigh
Superior Court of New Hampshire
Assumpsit. The action was pending in the western judicial district of Grafton county and was referred to an auditor, who found a balance of $402.76 due April 2,1849, from the defendant to the plaintiff, on account of their private transactions.
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Assumpsit. The action was pending in the western judicial district of Grafton county and was referred to an auditor, who found a balance of $402.76 due April 2,1849, from the defendant to the plaintiff, on account of their private transactions. He also found that the defendant is plaintiff in interest in a judgment recovered in the name of Theodore Bliss against Wright, the plaintiff, in the court of common pleas for the eastern district of Grafton county, November term, 1846, in which the balance of debt and interest to April 2, 1849, was $501.92 ; and in a judgment recovered in the names of…
1Opinion of the CourtPurley, J.
The statute requiring a sheriff to set off mutual executions does not reach to this case ; and the defendant contends that courts of law have no power to order one judgment to be set off against another ; that the plaintiff’s remedy, if he have any, is in equity. But it would seem to be quite needless to sénd the party into equity, where the facts of the case are siorple and undisputed, and courts of law have long exercised this power in England. Barker v. Braham, 3 Wilson, 196 ; Dennie v. Elliott, 2 H. Black, 587 ; Evans’ note to 2 Pothier on Obligations, 101.
Courts of law have exercised the…
2Cases cited3 opinions
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
- Story v. PattenNew York Supreme Court · 1829