Legal Opinion

Wisecarver v. Kincaid

Supreme Court of Pennsylvania

Decided November 24, 1876PublishedCited by 2 opinions

Error to the Court of Common Pleas of Greene county: Of October and November Term 1876, No. 183. Assumpsit by Kincaid and another, executors of Rinehart, against 'Hook. On May 11th 1875 the defendant pleaded, among other things, payment. Afterwards, on October 6th, he added a plea of set-off.

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Error to the Court of Common Pleas of Greene county: Of October and November Term 1876, No. 183. Assumpsit by Kincaid and another, executors of Rinehart, against 'Hook. On May 11th 1875 the defendant pleaded, among other things, payment. Afterwards, on October 6th, he added a plea of set-off. At the trial he offered in evidence under this plea an account of items running from 1860 to 1871. The court below (A. E. Will-son, P. J.) refused to admit items of an earlier date than October 6th 1869, and so charged the jury. After a verdict for the plaintiff, in which a set-off was allowed the…

1Opinion of the Court

The judgment of this court was entered November 24th 1876,

2Per curiam

The principles stated in the case of Gilmore v. Reed, 26 P. F. Smith 462, rule this case. By the statute a set-off may be given in evidence under the plea of payment merely. But it is not *101a logical conclusion thence that the Statute of Limitations, as affecting the set-off, may be avoided at any period of time after the bringing of the action, at the election of the defendant. In order to deprive the plaintiff of the benefit of the statute, he, defendant, must give notice of his intention to use the set-off, before the six years have…

3Cited by2 opinions

  1. Sieger v. SiegerSupreme Court of Pennsylvania · 1904
  2. Deane v. Greenbaum, Pennsylvania Court of Common Pleas, Bucks County1951

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