Butts v. Collins
Court for the Trial of Impeachments and Correction of Errors
Error, from the supreme court. Collins, in December, 1829, sued Butts in the mayor's court of the city of Hudson, and claimed in an action of assumpsit $125,69, for work done in dressing, as a manufactuer, a quantity of flannels.
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Error, from the supreme court. Collins, in December, 1829, sued Butts in the mayor's court of the city of Hudson, and claimed in an action of assumpsit $125,69, for work done in dressing, as a manufactuer, a quantity of flannels. On the trial of the cause, the defendant admitted the demand of the plaintiff, and proved that he had put into the plaintiffs hands 98 pieces of flannel, to be dressed; that only 4 bales of flannels, consisting of 36 of the 98 pieces, had been returned to him; that the flannels averaged 48 or 49 yards per piece, and were worth two shillings per yard. Upon this…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
In the case of Reab v. M'Alister, in this court, 8 Wendell, 112, I stated the reasons which had induced me to suppose that the legislature, in the revision of 1813, intended to change the law of set-off in courts of record, so as to authorize the setting off of unliquidated demands arising on contract, to the same extent that such set-offs were allowed in justice’s courts. That by adopting similar language to that which had previously existed in the justice’s act, and which the supreme court had decided was sufficient to authorize the…
2Cases cited5 opinions
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