Winston v. Metcalf
Supreme Court of Alabama
Writ of error to the Circuit Court of Sumter. Assumpsit by Metcalf, as the indorsee of a promissory note, described in the declaration, as made by Winston, for the payment of @200, to one Waller, on the ist January, 1842, for the hire of two slaves, which were to be returned, clothed as slaves usually are. The breach assigned is, the nonpayment of the-money, and the not returning the slaves clothed in the usual manner.
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Writ of error to the Circuit Court of Sumter. Assumpsit by Metcalf, as the indorsee of a promissory note, described in the declaration, as made by Winston, for the payment of @200, to one Waller, on the ist January, 1842, for the hire of two slaves, which were to be returned, clothed as slaves usually are. The breach assigned is, the nonpayment of the-money, and the not returning the slaves clothed in the usual manner. The defendant, in addition to the general issue, with notice of set off, pleaded a special plea, to this effect: That the note was made by one Pettus, and the defendant, the…
1Opinion of the CourtGold.thwaite, J.
— 1. The validity of the set off produced at the trial, depends upon the construction of the statute of set off, in connection with other enactments supposed to bear on it. So much of that statute as affects the question now raised, is in these words : “ In all cases where there are, or shall be,, mutual debts subsisting between the plaintiff and the *839defendant, or if either party sue or be sued, as executor or administrator, where there are mutual debts subsisting between the testator and the other party, one debt may be set off against the other.-” [Clay’s Digest, 338, § 161.] This statute…
2Cases cited4 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
- Adams v. McGrewSupreme Court of Alabama · 1841
3Cited by2 opinions
- Meeker v. HalseyCourt of Appeals for the Second Circuit · 1937
- Gaines v. SheltonSupreme Court of Alabama · 1872