Engs v. Matson

By the demurrer to the plea it is admitted that appellee had no interest in the bond; that he holds it solely for the use and benefit of Lawrence and Martin, and that they are the real parties in interest in the suit; that Lawrence and Martin were indebted to appellants, the principals in the bond, at and before suit brought.

Under these admitted facts were appellants entitled to make the set-off as claimed \

The general rule is that demands to be set off must be such as constitute a mutual credit between the parties, but by the term parties is meant not merely the nominal plaintiff and…