Collins v. Butts
New York Supreme Court
Error from the mayor’s court of Hudson. Collins sued Butts in assumpsit for work, labor and services in the finishing of four bales of flannels, which he had delivered to the defendant and for which he claimed to recover $125,69. It was proved that the defendant had delivered 98 pieces in the whole to the plaintiff to finish, and the defendant claimed to set off against the demand of the plaintiff 62 of the pieces, alleging that the plaintiff had refused to return that…
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Error from the mayor’s court of Hudson. Collins sued Butts in assumpsit for work, labor and services in the finishing of four bales of flannels, which he had delivered to the defendant and for which he claimed to recover $125,69. It was proved that the defendant had delivered 98 pieces in the whole to the plaintiff to finish, and the defendant claimed to set off against the demand of the plaintiff 62 of the pieces, alleging that the plaintiff had refused to return that quantity. The plaintiff resisted the set off, on the ground that the defendant was not the owner of the 62 pieces of flannel,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The right of the defendant to set off the value of the 62 pieces of flannels is the question before the court. In order to be entitled to a set off, he must have a demand for which an action might be sustained in his own name. From the evidence given and offered, we must assume the facts to be, that the defendant had no interest whatever in the materials from which the flannels had been manufactured ; the yam belonged to Underhill and had been levied on by the sheriff. Until a sale, the sheriff had a special property in the yarn, and Underhill had the general…
2Cases cited1 opinion
- Everett v. CoffinNew York Supreme Court · 1831
3Cited by3 opinions
- State ex rel. Elliott v. GuerreroNevada Supreme Court · 1877
- Rutgers v. LucetNew York Supreme Court · 1800
- Hall v. WilliamsSupreme Court of Vermont · 1854