Hudnall ex rel. Redus v. Scott
Supreme Court of Alabama
The action was brought by the plaintiff in error on four promissory notes, amounting to the sum of four thousand four hundred and twenty-eight dollars. Pleas non-assumpsit, payment, and set-off. During the trial, the defendant introduced evidence against the nominal plaintiff, of demands existing previous .and subsequent to the date of the. notes sued on, and previous to notice of the transfer to Redus, for whose use the suit was. brought.
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The action was brought by the plaintiff in error on four promissory notes, amounting to the sum of four thousand four hundred and twenty-eight dollars. Pleas non-assumpsit, payment, and set-off. During the trial, the defendant introduced evidence against the nominal plaintiff, of demands existing previous .and subsequent to the date of the. notes sued on, and previous to notice of the transfer to Redus, for whose use the suit was. brought. To reduce the amount of the off-sets claimed by the defendants against Hudnall, Redus offered evidence to shew that there was an error in the transaction…
1Opinion of the CourtOrmond, J.
— In the case of Hall v. Cook, 1 Ala. Rep. 629, we held that the plaintiff could not avail himself of a set-off against a set-off pleaded, or given in evidence, by the defendant; but was restricted to showing that the set-off was not admissible, or was a debt which he was not bound to pay. Tried by the rule laid down in that case, the defence offered by the plaintiff to the set-off given in evidence by the defen-, dant, was clearly inadmissible.
The attempt here was, to reduce the amount of the set-off by showing an error in the original transaction, which led to *570the execution of the notes…
2Cases cited1 opinion
- Hall v. Cook's AdministratorSupreme Court of Alabama · 1840
3Cited by2 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1878
- Hill v. RobertsSupreme Court of Alabama · 1888