Neal v. . Lea
Supreme Court of North Carolina
Civil action, tried before Tour gee, J., at Spring Term 1870 of Caswell Court. The cause of action was the non-payment of a note due September 13, 1868 by the defendants to one Williamson, and by the latter endorsed for value, February 24,1869, to the plaintiffs.
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Civil action, tried before Tour gee, J., at Spring Term 1870 of Caswell Court. The cause of action was the non-payment of a note due September 13, 1868 by the defendants to one Williamson, and by the latter endorsed for value, February 24,1869, to the plaintiffs. The defendants set up as a counterclaim, certain notes given by Williamson to third persons in 1866 and 1868, and endorsed for valúe by the payees to the defendant Lea, February 9th and 22d 1869, and by Lea assigned to the defendants after they had received notice of the assignment of the note sued upon, by Williamson to the…
1Opinion of the CourtPeabson, C. J.
By C. C. P., sec. 101, the plea of set-off is merged in the defence of counterclaim. By paragraph 2, the counterclaim, in an action on contract, embraces not only matter that under the old practice was pleaded as a set-off, hut every other cause of action arising out of contract, whether legal or equitable, between the plaintiff and defendant; where there are more than one plaintiff or defendant, it is further extended so that not only mutual debts between the plaintiffs and defendants, but every claim by the defendants, or any one of them, against the plaintiffs, or any one of them, between…
2Cited by8 opinions
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- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Brodek v. FarnumWashington Supreme Court · 1895
- Sloan v. . McDowellSupreme Court of North Carolina · 1874
- First State Bank of Mannsville v. HortonSupreme Court of Oklahoma · 1916
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