Ames v. Bates
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT. In the Superior Court before Wilkinson, J., judgment was rendered for the plaintiff in each action, and a motion was made by Bates, the defendant in the first action and equitable owner of the judgment in the second action, that the judgment in the second action be set off pro tanto against the judgment in the first. The judge overruled this motion; and Bates alleged exceptions. The facts of the case appear in the opinion.
1Opinion of the CourtDevens, J.
The equitable owner of the judgment in the first of these actions is Earl S. Williams, who purchased of Ames the claim upon which it is founded, after the commencement by him of the action thereon. This purchase was made subsequently to the purchase by Bates, the defendant in the first action, of the claim of Freeman and another against Ames, which is the foundation of the second judgment, and notice thereof to Ames. Bates purchased this claim after action had been brought by Ames against him, so that it could not have been used in set-off in that action, the statute only permitting demands…
2Cases cited5 opinions
- Gay v. GayNew York Court of Chancery · 1843
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
3Cited by10 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Dutton & Rutherford v. MasonCourt of Appeals of Texas · 1899
- Chipman v. FowleMassachusetts Supreme Judicial Court · 1881
- Franks v. EdinbergMassachusetts Supreme Judicial Court · 1904
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