Meader v. Leslie
Supreme Court of Vermont
The plaintiff, as surviving partner of Meader & Eames, brought his action on book account against the defendant, before a justice ■of the peace. The defendant appeared before the justice and filed in offset an account in his favor against said Meader alone, and not against the partnership.
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The plaintiff, as surviving partner of Meader & Eames, brought his action on book account against the defendant, before a justice ■of the peace. The defendant appeared before the justice and filed in offset an account in his favor against said Meader alone, and not against the partnership. Judgment was rendered by the justice, and the action appealed to the county court •; and there was submitted to an auditor, who heard the parties, and made report, that there was due to the plaintiff, as surviving partner, from the defendant the sum of $5,91; and, also, that, if the court should be of…
1Opinion of the CourtHutchisnon, J.
pronounced the opinion of the Court. — The only question presented is, whether this offset, and the demand sued, are so legally and equitably mutual, that the offset ought to be allowed. There is no doubt but they are mutual as respects the form of action. That is, no person but the plaintiff could maintain an action on this demand against the defendant. And this defendant could maintain no action upon his demand against any person but the plaintiff In this respect there is perfect mutuality. And, in all such cases, the legal right of action, and the legal liability to action, are so attached…
2Cited by5 opinions
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