Executors of Darroch v. Administrators of Hay
Supreme Court of Pennsylvania
SUM case stated. The defendants’ intestate, Michael Hay, was indebted to the plaintiffs3 testator in a certain sum of money, which is not disputed. After the deaths of both, the administrator of Hay gave a valuable consideration to John Philip de Haas, for a check drawn by Henry Darroch, in the following words and figures: “Philadelphia, March 10, 1793, No. 291. Cashier of the Bank of the United States. Pay to Mr. P de Hass, or bearer, four hundred dollars. 400 Dollars.
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SUM case stated. The defendants’ intestate, Michael Hay, was indebted to the plaintiffs3 testator in a certain sum of money, which is not disputed. After the deaths of both, the administrator of Hay gave a valuable consideration to John Philip de Haas, for a check drawn by Henry Darroch, in the following words and figures: “Philadelphia, March 10, 1793, No. 291. Cashier of the Bank of the United States. Pay to Mr. P de Hass, or bearer, four hundred dollars. 400 Dollars. H. DARROCH.” The present action was brought after the check became the property of the defendants, and notice of set-off was…
1Per curiam
The set-off cannot be allowed. It could not be declared on as a debt due to the intestate; it could not be pleaded as such to this suit; it became the private debt of the administrators, on the purchase of the check. It is clearly settled that the debts which can be set-off must be such as are duo in the same right. Bull. 179, 180. Espin. 239, 240.
Judgment for the plaintiffs.
The Judges sat on the first day of September Term 1797; but a malignant infectious fever prevailing in the city of Philadelphia, attended with considerable mortality, the Court adjourned to the last day of the term. No…
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