Dunn v. West & Hackley

Judge Marshall

delivered the opinion of the Court.

In this action brought by Dunn against West and Hackley, on their joint and several bond for $680, a separate claim of West against Dunn, amounting to §437, was, by the induction of the Court, allowed to be set off, and was, by the verdict and judgment, credited on the plaintiff’s demand. It is contended here as it was in the Circuit Court, that there could be no set off of these demands : 1st. Because the demand of the plaintiff was joint, and the demand against him separate; and 2d. Because the claim of West is founded on the verbal promise *377of…