O'Neill v. Perryman
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill was filed by William E. Perryman against John O’Neill; and sought to establish an equitable set-off, and to restrain O’Neill from enforcing the payment of a judgment recovered against Perryman for $864. This judgment was recovered in the following manner : Perryman sued O’Neill for a debt of $185, evidenced by a promissory note.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill was filed by William E. Perryman against John O’Neill; and sought to establish an equitable set-off, and to restrain O’Neill from enforcing the payment of a judgment recovered against Perryman for $864. This judgment was recovered in the following manner : Perryman sued O’Neill for a debt of $185, evidenced by a promissory note. O’Neill filed a plea of recoupment and set-off claiming damages for the conversion of certain personal property by the plaintiff, Perryman. As the out-come of this plea, and the…
1Opinion of the CourtHaralson, J.
1. Although the mere existence of mutual and independent demands, does not authorize the interposition of a court of equity to set them off against each other, yet, where there is some intervening equity which renders it necessary for the protection of the demand sought to be set off, that court will interpose to see that justice is done. ' In this case, the bill sets up the insolvency of the plaintiff in the judgment, and that complainant’s demand against him would be lost, if he is allowed to enforce said judgment. This is recognized as a distinct equitable ground, entitling the…
2Cases cited10 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Davis v. CookSupreme Court of Alabama · 1880
- Glover v. HembreeSupreme Court of Alabama · 1886
- Farris v. HoustonSupreme Court of Alabama · 1884
- Tate v. EvansSupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Greer v. AndrewSupreme Court of Georgia · 1909
- Meyer v. Calera Land Co.Supreme Court of Alabama · 1901
- Behan v. FriedmanSupreme Court of Alabama · 1927
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Smith v. Maya CorporationSupreme Court of Alabama · 1933
8 more not listed; retrieve them via the Exa API.