Barnstable Savings Bank v. Snow
Massachusetts Supreme Judicial Court
Contract against Calvin Snow, Washington H. Taylor, and Franklin Gould, upon a joint and several promissory note, dated April 26, 1877, payable six months after date, and signed by the first-named defendant as principal, and by the others as sureties.
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Contract against Calvin Snow, Washington H. Taylor, and Franklin Gould, upon a joint and several promissory note, dated April 26, 1877, payable six months after date, and signed by the first-named defendant as principal, and by the others as sureties. Writ dated September 29, 1879. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on agreed facts in substance as follows: On May 3, 1878, the plaintiff corporation was perpetually enjoined from doing business, and receivers were appointed who have ever since been winding up its…
1Opinion of the CourtLord, J.
The defence known as “ set-off ” is not a common-law defence, but is wholly the creature of statute and is regulated by statute. Although in loose and general language a set-off is spoken of as a defence, this language is in no sense apt or correct as matter of pleading. It is not a denial of the plaintiff’s claim, and, in order to be asserted, it must be declared on with the same formality that any demand is declared on in an original writ, and the party against whom it is filed must answer in the same manner as the defendant in any other action. Gen. Sts. c. 130, §§ 16,17. It is…
2Cited by8 opinions
- Bachrach v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1921
- Brooks v. StackpoleMassachusetts Supreme Judicial Court · 1897
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- McGuinness v. KyleMassachusetts Supreme Judicial Court · 1911
- Commissioner of Banks v. T. C. Lee & Co.Massachusetts Supreme Judicial Court · 1935
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