Stewart ex rel. Salaignac v. Coulter
Supreme Court of Pennsylvania
This cause was tried before Mr. Justice Duncak, at nisi prius in April, 1824, when it appeared that it was a suit brought by Abraham Stewart, against John Coulter and William Day, to recover a compensation for services, as superearcargo of the ship Coromandel, on a voyage from Philadelphia to Antwerp, .thence to Java, back to Antwerp, and thence to Philadelphia.
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This cause was tried before Mr. Justice Duncak, at nisi prius in April, 1824, when it appeared that it was a suit brought by Abraham Stewart, against John Coulter and William Day, to recover a compensation for services, as superearcargo of the ship Coromandel, on a voyage from Philadelphia to Antwerp, .thence to Java, back to Antwerp, and thence to Philadelphia. The ship arrived in Philadelphia in June or July, 1819, and on the 18th of August, 1819, the plaintiff executed an assignment of his claim to A. C. Salaignac and Cornelius Stevenson, for whose use the suit was brought. On the trial,…
1Opinion of the Court
*253The opinion of the court was delivered by
Duncan, J.
I cannot consider the question foreclosed of the right of a defendant, who is sued with another, to set off a debt due to himself. The rule that the set off must be such, as the defendants could sue for in their own name, was a very narrow construction of the statutes of set-off. It savours more of technicality than of a liberal construction, and even in England the question is decided by showing in whom the beneficial interest is; and it is expressly so in Pennsylvania, as appears by Robinson v. Beall and others, 3 Yeates, 267, Boyd’s…
2Cases cited3 opinions
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Robinson v. BeallSupreme Court of Pennsylvania · 1801
- Boyd v. ThompsonSupreme Court of Pennsylvania · 1797
3Cited by4 opinions
- Tustin v. CameronSupreme Court of Pennsylvania · 1840
- Crist v. BrindleSupreme Court of Pennsylvania · 1828
- Archer v. DunnSupreme Court of Pennsylvania · 1841
- Boehm v. United StatesUnited States Court of Claims · 1885