Hollister v. Davis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county. This was an action of debt to September Term 1864, by A. Q. Hollister against Alvin Davis, Elizur Fessenden and others, on a bond dated March 29th 1861, from the defendants to the plaintiff. On the same date with the bond the plaintiff leased a grist-mill to Davis, one of the defendants, for three years, at a rent of $700, with condition that he should give security each year for the rent.
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Error to the Court of Common Pleas of Wayne county. This was an action of debt to September Term 1864, by A. Q. Hollister against Alvin Davis, Elizur Fessenden and others, on a bond dated March 29th 1861, from the defendants to the plaintiff. On the same date with the bond the plaintiff leased a grist-mill to Davis, one of the defendants, for three years, at a rent of $700, with condition that he should give security each year for the rent. The other defendants agreed to become security for the first year’s rent, and for that purpose executed with Davis the bond in suit, conditioned for the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The suit upon the bond in this case, was to enforce the payment of an alleged debt due by Davis ; and because it was also signed by others as sureties, that would not prevent him from setting off against it any just claim due him from the plaintiff. He had a book account running through some two or three years, which after deducting from it the plaintiff’s account which he also kept, he introduced the balance due him as a set-off. There seems to have been no objection to the account as evidence, but only to its effect. The learned judge…
2Cited by12 opinions
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