Ashby v. Carr
Mississippi Supreme Court
EbeoR to the Circuit Court of Chickasaw county. Hon. Joel M. Acker, judge. Suit was instituted by Carr against Ashby, on a note for seventy-five dollars. Ashby pleaded offsets to the amount of eighty-one dollars. These offsets were open accounts, which had been originally due to Pulliam, a third person, and by him transferred by delivery to Asbby.
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EbeoR to the Circuit Court of Chickasaw county. Hon. Joel M. Acker, judge. Suit was instituted by Carr against Ashby, on a note for seventy-five dollars. Ashby pleaded offsets to the amount of eighty-one dollars. These offsets were open accounts, which had been originally due to Pulliam, a third person, and by him transferred by delivery to Asbby. The court below excluded these offsets; and this is complained of as error. cited Phi/pjps v. Shegogg, 30 Miss. 245 ; Barbour’s Law of Set-off, 58; Ma/rtin v. Williams, IT Johns. 329; Tutle v. Bébee, 8 Johns. 154. contended that, In the case of…
1Opinion of the CourtHaeRis, J.
The only point presented for decision in this case, is whether the assignee of an open account by delivery can avail himself of it as an offset, in a suit against him, by the open account debtor.
*66It is admitted by counsel for the defendant in error, that the case of Phipps et al., v. Shegogg et al., decided by this court at the December term, 1855, 30 Miss. R., page 241, would be conclusive of this case, if the assignment of the open accounts had been made in writing in this case as in that. In other -re-sj>ects, so far as the question before us is concerned, the cases are identical in…
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