McKinley v. Winston

Winston brought a suit at law against McKinley to recover a debt due to him by McKinley individually. McKinley, by his original and amended bill, seeks to set off against this debt a demand due from Winston, as the bill alleges, to a company composed of McKinley and Winston, and several others. This is the object and substance of the bill, and we cannot doubt but it was properly dismissed'; for, independent of all other objections, we think it clear that in the absence of all other intervening equities, one debt cannot be set off against another, unless they are mutual debts j that is, debts…