Ruddle v. Horine
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. In an action by a surviving partner for individual claim, the debt may be set-off by a demand against the firm. Waterman onSet-off, p. 262; see note, sec. 228. If any two or more persons are mutually indebted in any manner whatever, and one of them commences an action against the other, one debt may be set-off against the other although sue h debts are of a different nature.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. In an action by a surviving partner for individual claim, the debt may be set-off by a demand against the firm. Waterman onSet-off, p. 262; see note, sec. 228. If any two or more persons are mutually indebted in any manner whatever, and one of them commences an action against the other, one debt may be set-off against the other although sue h debts are of a different nature. R. S. 3867, 3552, 3521, 3522 ; McAdow v. Boss, 53 Mo. 199, 203-206; Jarman, Adm'r, v. Benton, 79 Mo. 148-161; Armstrong v. McKelvey, 6 Cent. Rep. [N. Y.]…
1Opinion of the CourtBiggs, J.
Plaintiff on the ninth day of January, 1885, instituted suit before a justice of the peace against defendant, for one hundred and twenty-three and thirty-one hundredths dollars, money collected by defendant and belonging to plaintiff, and which defendant refused to pay after demand. Defendant filed a set-off against plaintiff’s demand, amounting to one hundred and forty and seventy-six hundredths dollars, being amount of an account due from Ruddle Bros., a firm formerly composed of L. O. Ruddle, E. A. Ruddle, deceased, and Thomas Ruddle. The set-off was a book account against said firm in…
2Cases cited9 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Bendernagle v. CocksNew York Supreme Court · 1838
- Guernsey v. CarverNew York Supreme Court · 1832
- Farrington v. PayneNew York Supreme Court · 1818
- Miller v. CovertNew York Supreme Court · 1828
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