Cook v. Lovell

Plaintiff sues for money had and received by defendants for the use of the intestate. Defendants, by way of set-off, set up a note given by decedent to one C. W. L., which was assigned to defendants after the intestate’s death, but before the commencement of this action. The sole question in the case is, whether this was.a legitimate set-off to the claim of plaintiff. The court below held that it was not; and in this, in our opinion, there was no error.

*82Appellants concede that the right to plead set-off in an action is purely statutory. It is also admitted that under the statutes of England…