Henriques v. Hone
New York Court of Chancery
A question of set off. On the eighth day of May, one thousand eight hundred and thirty-two, John Moffat made an assignment °f his stock in trade, consisting of dry goods, to Messrs. Hall and, Swan, intrust for the benefit of his creditors ; and upon certain conditions specified in the assignment.
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A question of set off. On the eighth day of May, one thousand eight hundred and thirty-two, John Moffat made an assignment °f his stock in trade, consisting of dry goods, to Messrs. Hall and, Swan, intrust for the benefit of his creditors ; and upon certain conditions specified in the assignment. On the fourth day of June, one thousand eight hundred and thirty-two, Anthony Lenthilon and others, who fe.ad recovered judgments at law against Moffat and issued executions (returned unsatisfied), filed a bill in this court against him and his assignees, to set aside the assignment as fraudulent,…
1Opinion of the Court
The Vice-Chancellor:
The defendant, as against Messrs. Hall and Swan or either of them, could have no right of set-off at law or in equity. This is well settled. If they had merely been agents or factors of Moffat in placing the goods in the hands of the defendant for sale, the latter must have accounted to them ; and in an action for the proceeds, founded upon the privity of contract, he could not have made a set off of the money owing to him by Moffat nor have availed himself of such indebtedness as an excuse for not paying over the full amount: Toland v. Murray, 18. J. R. 24. and in this…
2Cited by11 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Minkler v. SimonsIllinois Supreme Court · 1898
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Soper v. FryMichigan Supreme Court · 1877
- Therasson v. HickokSupreme Court of Vermont · 1865
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