Makepeace v. Coates
Massachusetts Supreme Judicial Court
The first-named action was by Makepeace, as endorsee, against Coates, as the maker of a promissory note. In that action the defendant was defaulted. The other action was upon a promissory note made by Make-peace and Davenport to Coates.
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The first-named action was by Makepeace, as endorsee, against Coates, as the maker of a promissory note. In that action the defendant was defaulted. The other action was upon a promissory note made by Make-peace and Davenport to Coates. The demand in this action was not disputed; but Makepeace filed therein the following motion, viz.: — * “ Now the said Makepeace moves the Court here, that so much of the judgment rendered in his favor in his action against the said Coates, in this Court during the present term, as shall be equal to the debt and the costs of suit recovered by said Coates in…
1Opinion of the CourtSewall, J.
The purposes of this motion are, we have no doubt, within the legal discretion and authority of this Court by virtue of their superintendence of all legal proceedings depending before them. There is a statute provision for a set-off of cross executions, where the creditor in one exception is debtor in another. (1) The same equitable arrangement is more conveniently effected in the manner proposed by this motion ; where at the same term cross actions are depending for mutual debts between the plaintiffs and defendants respectively.
Against the rule proposed to be entered in these cases, the…
2Cited by17 opinions
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- De Camp v. . ThomsonNew York Court of Appeals · 1899
- Davis v. MilburnSupreme Court of Iowa · 1856
- Goldman v. Noxon Chemical Products Co.Massachusetts Supreme Judicial Court · 1931
- Ames v. BatesMassachusetts Supreme Judicial Court · 1876
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