American Light & Traction Co. v. Harrison

I have not been able to fully and satisfactorily reconcile the opinion in the McEachern case with the opinion in the Bull case, both notwithstanding the clarifying discussion in the majority opinion. At least I am not prepared to accept the controlling effect of the McEachern opinion on the previously-decided Bull case. In the Bull case [295 U.S. 247, 55 S.Ct. 695, 700, 79 L.Ed. 1421], strong language was used condemning the Government for opposing the allowance of the equitable practice of recoupment or set-off. It was said, “While here the money was taken through mistake without any element…