Fistere v. Janapoll

We think that section 151 of the Debtor and Creditor Law applies only to a set-off of mutual debts. It allows a set-off against “ any indebtedness ” to the plaintiff of “ any amount owing ” to the defendant. This has relation, it appears to us, to mutual debts and not to other causes of action. This is confirmed by the title of section 151 which reads: “ Right of set-off against unmatured debts.” Since the existence of mutual debts, where they had matured, could always be litigated under section 266 of the Civil Practice Act, it must be that the only purpose of section 151 of the Debtor and…