Sanford v. Foss
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. A' debt due one in a fiduciary capacity can not beset off against a demand due by him individually, Gansner v.- Franks, 75 Mo. 64; Hoocl v. Hayward, 48 Hun, 225; Gourleyv. Walker, 69 Iowa, 8Ó; Wisdom v. Becker, 52'111. 342; Blood v. Kane, 52 Hun, 225.
1Opinion of the CourtBond, J.
This is an action on a promissory note for $300, executed by defendants to the Bank of Commerce, and is brought by the assignee of that bank. Defendant Eoss pleaded a set-off of $602, alleged to be due from plaintiff’s assignor, and prayed judgment for the excess on the note in suit. Plaintiff replied to wit: “Now comes said plaintiff, and for reply to the-separate answer of A. N. Foss denies each -and every allegation in said answer contained; and for further-reply plaintiff says defendant is not entitled to the relief sought for in said answer, for the reason that the sum therein mentioned…
2Cases cited4 opinions
- White v. WordSupreme Court of Alabama · 1853
- Wisdom v. BeckerIllinois Supreme Court · 1869
- Gansner v. FranksSupreme Court of Missouri · 1881
- Gourley v. WalkerSupreme Court of Iowa · 1886