Granger's Administrator v. Granger
Ohio Supreme Court
From Muskingum. Covenant upon a sealed agreement between the intestate and the defendant, dated September 1, 1819, for five thousand dollars. E. Granger died in September, 1822, insolvent.. Administration was granted upon his estate in August, 1829. The defendant pleaded not est factum, to which he affixed a notice of set-off under the statute. At the trial the plaintiff, having read the contract to the jury, rested.
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From Muskingum. Covenant upon a sealed agreement between the intestate and the defendant, dated September 1, 1819, for five thousand dollars. E. Granger died in September, 1822, insolvent.. Administration was granted upon his estate in August, 1829. The defendant pleaded not est factum, to which he affixed a notice of set-off under the statute. At the trial the plaintiff, having read the contract to the jury, rested. The defendant then offered evidence, under his notice, to prove the intestate indebted to him in his lifetime, upon a book account, for goods sold, work and labor, and money…
1Opinion of the Court
*Wright, J.,
delivered the opinion of the court:
1. Is non est factum a plea of the general issue in covenant, to which a notice of set-off can be appended ? The act allowing mutual debts and demands to be set off, 29 Ohio L. 121, authorizes ■defendants to plead the “ general issue,” and at the same time to .give notice of offset. It is admitted that in strict legal contemplation, there is no general issue in covenant. According to the common rule, the general issue must put the whole declaration in issue. Non est factum in this case only puts in issue the execution of the covenant. The…
2Cited by10 opinions
- Baker v. McKnightOhio Supreme Court · 1983
- Barnhart v. SchultzOhio Supreme Court · 1978
- Johnson's Ex'ors v. Johnson's HeirsWest Virginia Supreme Court · 1919
- Parrish v. McKeeColumbiana County Court of Common Pleas · 1956
- Mayfield v. HerderickOhio Court of Appeals · 1986
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