Thompson v. Sickles
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. ■ The action was brought on a note for $460.35, made by the defendant, and dated August 1, 1853, payable two years from date, to the order of G-eorge Clark. The defense was an alleged indebtedness of George Clark, the payee, to 'the defendant, for services rendered in the years 1845 and 1846, to which the plaintiff interposed a reply of the statute of limitations.
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APPEAL from a judgment entered on the report of a referee. ■ The action was brought on a note for $460.35, made by the defendant, and dated August 1, 1853, payable two years from date, to the order of G-eorge Clark. The defense was an alleged indebtedness of George Clark, the payee, to 'the defendant, for services rendered in the years 1845 and 1846, to which the plaintiff interposed a reply of the statute of limitations. To this reply the defendant demurred, and the court, on argument of the demurrer, held the reply and demurrer were nullities, on the ground that the defense was not a…
1Opinion of the CourtGeo. G. Barnard, P. J.
The plaintiff is entitled to recover, unless the set off is established, according to. 2 Revised Statutes, page 354, subdivision 9 of section 12, Avhich provides that in an action upon a promissory note which has been assigned to .the plaintiff after it became due, a set off to the amount of the plaintiff’s debt may be made, of a demand, existing against the person Avho assigned such note after it became due, if the demand be such as might have been set off against the assignor while the note belonged to him. This statute has • been preserved by the Code, section 112.
Tavo questions are…
2Cases cited1 opinion
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
3Cited by5 opinions
- Walker v. BurgessWest Virginia Supreme Court · 1898
- Marsh v. Richer, New York County Courts1910
- Clinton v. EddyNew York Supreme Court · 1869
- Kahrs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Linn v. RuggSupreme Court of Minnesota · 1872