Debter v. Henry
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before the 1-Ion. James A. Bilbro. This action was brought by the appellee, Sam. Henry against the defendant, W. D. Debter, and was an action, of assumpsit, in which the plaintiff sought to recover an amount alleged to be due from the defendant to him for balance due upon an account.
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Appeal from Blount Circuit Court. Heard before the 1-Ion. James A. Bilbro. This action was brought by the appellee, Sam. Henry against the defendant, W. D. Debter, and was an action, of assumpsit, in which the plaintiff sought to recover an amount alleged to be due from the defendant to him for balance due upon an account. The defendant pleaded the general issue and the following special plea of set-off: “The defendant as a defense to the -action of the plaintiff, ,saith that at the time this action was commenced the plaintiff was indebted to him in the sum of ninety dollars, in this-, that…
1Opinion of the CourtMcCLELLAN, C. J.
Upon the facts averred in the jilea of set-off the damages claimed are measurable in a legal sense by a pecuniary standard, viz., so much of defendant’s debt against Hudson as jilaintiff’s tort prevented his recovering, with interest. It follows that the demand laid in the plea does not sound in damages merely within section 3728 of the Code. — Nelms v. Hill, 85 Ala. 583.
It may be regarded as settled by the1 later adjudications of this court that any demand, not .sounding in damages merely, may be set off against any other demand, not sounding in damages merely, whether the cause of action be…
2Cases cited3 opinions
- Nelms v. HillSupreme Court of Alabama · 1888
- Hamilton v. GriffinSupreme Court of Alabama · 1898
- Burns v. ReevesSupreme Court of Alabama · 1899
3Cited by5 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Fidelity & Deposit Co. v. WalkerSupreme Court of Alabama · 1909
- Morris v. Bank of AttallaSupreme Court of Alabama · 1907
- West v. CowanSupreme Court of Alabama · 1914
- Hooper v. HerringAlabama Court of Appeals · 1913