Schieffelin v. Hawkins
New York Court of Common Pleas
Motion for judgment on demurrer to complaint. The action was brought by Schieffelin, Dix, Gellatly & Westerfield against R. C. Hawkins, assignee, and P. and A. Duelos. The complaint set up facts which appear fully in the opinion of the court. To entitle plaintiffs to the set-off, their claim against the assignors must, at the' time of the assignment, have been a matured claim—one on which a suit at that date could have been brought against the assignors.
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Motion for judgment on demurrer to complaint. The action was brought by Schieffelin, Dix, Gellatly & Westerfield against R. C. Hawkins, assignee, and P. and A. Duelos. The complaint set up facts which appear fully in the opinion of the court. To entitle plaintiffs to the set-off, their claim against the assignors must, at the' time of the assignment, have been a matured claim—one on which a suit at that date could have been brought against the assignors. Not being, then, a matured claim, but only an obligation or contract, running to maturity at a day subsequent to the assignment, it cannot…
1Opinion of the Court
Daly, F. J.
This action is brought to compel an equitable set-off of cross-claims arising as follows: On the 22d of May, 1860, the defendants Duelos & Co. bought of the plaintiffs a bill of goods amounting to $1,253.52, for which they gave the plaintiffs their promissory note, payable in six months. About a fortnight before the note became due, that is, on the 9th of Nov., 1860, the plaintiffs purchased of Duelos & Co. a bill of goods amounting to $1,593.23, upon a credit of six months, the principal part of which consisted of the same goods which Duelos & Co. had purchased of the plaintiffs,…
2Cases cited16 opinions
- In re HoweNew York Court of Chancery · 1828
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Myers v. . DavisNew York Court of Appeals · 1860
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
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3Cited by1 opinion
- Coates v. DonnellThe Superior Court of New York City · 1881