Legal Opinion

Patterson v. . Patterson

New York Court of Appeals

Decided January 26, 1875PublishedCited by 128 opinions

1Opinion of the Court

The right to set off unconnected cross demands, it is said, did not exist at common law. (Green v. Farmer, 4 Burr., 2214-2221; but see Eden on Bank., 186.) It was created in England by the statutes of 2 George II, chapter 22, and 8 George II, chapter 24. This is mentioned, to point the further mention, that this right is to be limited by the terms of the enactments, as construed and settled by the courts. By those statutes, it was confined to mutual debts existing between the plaintiff and defendant, and, in suits by or against an executor or administrator, to mutual debts between the…

2Cases cited7 opinions

  1. Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
  2. Merritt v. . SeamanNew York Court of Appeals · 1852
  3. Fry v. EvansNew York Supreme Court · 1832
  4. Rappelyea v. RussellNew York Court of Common Pleas · 1862
  5. Fitzhugh's Ex'or v. FitzhughSupreme Court of Virginia · 1854

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3Cited by128 opinions

  1. Colavito v. New York Organ Donor Network, Inc.New York Court of Appeals · 2006
  2. Jacobus v. . ColgateNew York Court of Appeals · 1916
  3. Walters v. City of OttawaIllinois Supreme Court · 1909
  4. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  5. Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912

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