Adair v. First National Bank

(concurring and dissenting) : This opinion was prepared as the leading opinion in this case, but as a majority of the Court have disagreed with the conclusion of the writer upon the right of the defendant bank to set off a judgment in its favor against a judgment in favor of the plaintiff, to the exclusion of the claim of the attorneys for the plaintiff under a partial assignment of what he might recover (there being no objection to the conclusion as to the plaintiff’s right of homestead), I am filing this as a dissent to the conclusion that the right of set-off does not exist.

This is an…