Huling v. Hugg
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Mifflin county. Hugg & Bell against David W. Huling. This was an action brought upon the acceptance of the following bill: “ Lewistown, Mifflin county, November 29th 1836. “ Sixty days after date pay to the order of Hugg & Bell nine hundred dollars for value received, without defalcation. « To D. W. Huling, Esq.” " Jacob Forney’ Endorsed, “ Accepted, D. W. Huling.” 31st January 1837, protested for non-payment.
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ERROR to the Common Pleas of Mifflin county. Hugg & Bell against David W. Huling. This was an action brought upon the acceptance of the following bill: “ Lewistown, Mifflin county, November 29th 1836. “ Sixty days after date pay to the order of Hugg & Bell nine hundred dollars for value received, without defalcation. « To D. W. Huling, Esq.” " Jacob Forney’ Endorsed, “ Accepted, D. W. Huling.” 31st January 1837, protested for non-payment. The defendant offered in evidence by way of set-off a judgment obtained in the District Court of the city and county of Philadelphia, at the suit of John A.…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A debt or demand to be set-off under the statute, must be an existing debt or demand, at the time of the commencement of the suit. Carpenter v. Butterfield, 3 Johns. Cas. 145; Jefferson County Bank v. Chapman, 19 Johns. 324. To avail himself of a set-off a defendant must prove when it came to his hands. Ogden v. Comly, (2 Johns. 274, 8.) These decisions are recognized in Morrison v. Moreland, (15 Serg. & Rawle 63,) and in Stewart v. The United States Insurance Company, (9 Watts 126.) The defendant rests his defence on what he calls the equity…
2Cases cited4 opinions
- Ogden v. CowleyNew York Supreme Court · 1807
- Jefferson County Bank v. ChapmanNew York Supreme Court · 1822
- Stewart v. United States InsuranceSupreme Court of Pennsylvania · 1839
- Morrison v. MorelandSupreme Court of Pennsylvania · 1826
3Cited by8 opinions
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Gunnis, Barritt & Co. v. CluffSupreme Court of Pennsylvania · 1886
- Henry v. BigleySuperior Court of Pennsylvania · 1897
- Riley v. EigoSuperior Court of Pennsylvania · 1896
- Stephens v. Gilberton Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1873
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