Winston v. Metcalf
Supreme Court of Alabama
Whit of error to the County 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 dollars, to one Waller, on the 1st January, 1842, for the hire of two slaves, which were to be returned clothed as slaves usually are. The breach assigned is, the non-payment of the money, and the not returning the slaves clothed in the usual manner.
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Whit of error to the County 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 dollars, to one Waller, on the 1st January, 1842, for the hire of two slaves, which were to be returned clothed as slaves usually are. The breach assigned is, the non-payment 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,…
1Opinion of the Court
GOLDTHWAITE, 1
1. The validity of the set-off, produced at the trial, depends upon the construction of the statute of set-off in connexion 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 defendant, 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…
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 by6 opinions
- Graff v. KahnAppellate Court of Illinois · 1886
- Huddleston v. AskeySupreme Court of Alabama · 1876
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
- Spencer v. AlmoneyCourt of Appeals of Maryland · 1881
- Cole v. JusticeSupreme Court of Alabama · 1845
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