Bernard v. Mullot
California Supreme Court
Appeal from the district court of the fourth judicial district, where judgment was rendered in favor of the plaintiff. The cause was tried before the district judge without a jury. At the trial the defendants proposed to give evidence of a certain demand which they claimed to have against the plaintiff, as a set-off, or by way of reducing the amount of the plaintiff’s recovery.
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Appeal from the district court of the fourth judicial district, where judgment was rendered in favor of the plaintiff. The cause was tried before the district judge without a jury. At the trial the defendants proposed to give evidence of a certain demand which they claimed to have against the plaintiff, as a set-off, or by way of reducing the amount of the plaintiff’s recovery. This evidence was objected to on the ground that thei’e was no allegation in the answer setting up such a claim, and the district judge refused to allow the set-off upon this ground, and gave judgment in favor of the…
1Opinion of the Court
By the Court,
Hastings, Ch. J.
The respondent brought his action to recover the sum of $810 for services rendered by him as a clerk in the employ of the defendants. The correctness of the demand was admitted subject to a set-off of cash advanced which was allowed by the court. The defendants also claimed as an additional set-off, the balance due on certain promissory notes placed in the hands of the respondent, as their clerk, for collection, which exceeded plaintiff’s demand.
The court rejected the balance claimed and rendered judgment for the plaintiff; and the only question is, whether there…
2Cited by3 opinions
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- Haberly v. HaberlyCalifornia Court of Appeal · 1915