Littlefield v. . Albany County Bank
New York Court of Appeals
Appeal by defendant, the Albany County Bank, from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal by defendant, the Albany County Bank, from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Eight of set-off can only arise . or attach when there is mutuality of debts of such a certain and ascertained character as to be capable of set-off, or being applied in compensation of each other. (Hackett v. Connett, 2 Edw. Ch. 73.) The assignment will…
1Opinion of the CourtDanforth, J.
While the plaintiff and the defendant dagger were equal partners in business as manufacturers, one Perry prosecuted them for infringing letters-patent, and obtained judgment under which damages were assessed at upwards of $50,000. Exceptions taken by the firm were undecided, when on the 11th of March, 1872, Littlefield bought of dagger his interest in the firm, and gave therefor his promissory notes. At the same time, it was agreed that this purchase should not affect dagger’s liability in the Perry suit, but that Littlefield should attend to its defense, and “ dagger pay one-half of the…
2Cases cited2 opinions
- Gay v. GayNew York Court of Chancery · 1843
- Davidson v. . AlfaroNew York Court of Appeals · 1880
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- Lewis v. HoldregeNebraska Supreme Court · 1898
- Jaeger v. KoenigAppellate Terms of the Supreme Court of New York · 1900
- Olsen v. EnsignNew York Court of Common Pleas · 1894
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