Adams v. McGrew
Supreme Court of Alabama
Error to the County Court of Sumter. The action was on a promissory note by the plaintiff in error against the defendant in error. Under the plea of set off', the defendant offered in evidence a bill accepted by pi aintifls, which it was proved.he received, and was to account for in the event only that he could make it available to him in a settlement with the plaintiffs, and if not, it was to be returned.
Read the full summary
Error to the County Court of Sumter. The action was on a promissory note by the plaintiff in error against the defendant in error. Under the plea of set off', the defendant offered in evidence a bill accepted by pi aintifls, which it was proved.he received, and was to account for in the event only that he could make it available to him in a settlement with the plaintiffs, and if not, it was to be returned. The plaintiffs moved the Court to instruct the jury, that the defendant, to make the bill available as a set off, must prove an absolute, unqualified property of the same in him; which the.…
1Opinion of the CourtOrmond, J.
— The charge of the Court cannot be supported. A demand, to be good as an offset, must be such an one as a suit could be maintained on; for an offset is in the nature of a cross action. The defendant had no property in the bill which he was allowed to set off against the plaintiffs’ demand; but a permission to use it if he could make it available in a settlement- with the plaintiffs, in which event only was he to account for it with the owner. This was not such a property in the bill as would constitute a set off against the plaintiffs’ demand; and the judgment must therefore be reversed, and…
2Cited by5 opinions
- Jones v. BlairSupreme Court of Alabama · 1876
- Pike v. BrightSupreme Court of Alabama · 1856
- McDade v. MeadSupreme Court of Alabama · 1850
- Winston v. MetcalfSupreme Court of Alabama · 1844
- Winston v. MetcalfSupreme Court of Alabama · 1845