Cramond v. President of the Bank of the United States
Supreme Court of Pennsylvania
HjP’HIS was a scire facias upon a judgment obtained in September 1801, against the defendants as garnishees in a foreign attachment against fames Brown; and the following case was state(i f°r the Court’s opinion: “ On the 19th of August 1793, David Cay and Andrew Clow, w^° then carried on business under the firm of Andrew Clozo ‘‘ and company, indorsed a note drawn by Henry Darrach, u bearing that date for the sum of 852 dolls. 88 cents, which “ note was discounted by the…
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HjP’HIS was a scire facias upon a judgment obtained in September 1801, against the defendants as garnishees in a foreign attachment against fames Brown; and the following case was state(i f°r the Court’s opinion: “ On the 19th of August 1793, David Cay and Andrew Clow, w^° then carried on business under the firm of Andrew Clozo ‘‘ and company, indorsed a note drawn by Henry Darrach, u bearing that date for the sum of 852 dolls. 88 cents, which “ note was discounted by the defendants, and the amount paid “ to the indorsers. Before the note became due the drawer and “ indorsers died, and notice…
1Opinion of the Court
[Yeates J.
This point has less weight than at first it appeared to have, since the present is a new claim for dividends, to which there has been no opportunity of answering until now.]
As tp the general question. Set-offs are favoured by law. Collins v. Collins. (a) They are instituted to prevent circuity of action. 1 St. Laws 65. The objection that a new distribution of assets would be produced by allowing the set-off, has been made in another case, and overruled. Brown v. Holyoke. (b) If there be mutual debts subsisting between the testator and I. S., the executor will be indemnified in…
2Cited by6 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Crist v. BrindleSupreme Court of Pennsylvania · 1828
- Crawford v. WillingSupreme Court of Pennsylvania · 1803
- M'Dowell v. TysonSupreme Court of Pennsylvania · 1826
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