Proodian v. Plymouth Citrus Growers Association

I concur in what is said in the opinion prepared by Mr. Justice Adams. My reason for doing so is this: Proodian sued in his personal right; defendant filed plea of set-off, to which replications were filed. Proodian then, with leave of court, amended his declaration so as to make the suit one to recover damages in behalf of the wife of Proodian, but the plea of set-off continued to stand as a claim against C. S. Proodian personally and not against him in a representative capacity as the agent and alta ego of his wife.

So the claim of set-off was not alleged to exist against the user-plaintiff…