Fulton v. Wiley
Supreme Court of Vermont
Assumpsit. The opinion of the court sufficiently sets forth all the material facts in the case. The county court, at the April Term, 1859, — Redeield, Ch. J. presiding, — rendered judgment for the defendant for the excess of the note, offered by him in offset, over the amount of the plaintiffs’ claim, as found due by the referee, to which the plaintiff excepted.
1Opinion of the CourtPierpoint, J.
The question in this case arises upon the report of a referee.
The action was assumpsit. The declaration contained the general counts only. The case was referred.
*763No plea in offset was filed.
On tlie trial before the referee the defendant offered in evidence a note against the plaintiff which he claimed should be set off against the amount that might be found due the plaintiff.
The referee finds that the note is justly due from the plaintiff, but refers the question to the court, whether it can be allowed in offset to the plaintiff’s claim, and if not, he reports that there should be judgment for…
2Cited by6 opinions
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- Carter v. HowardSupreme Court of Vermont · 1866
- Warren v. CarylSupreme Court of Vermont · 1889
- American Can Co. v. GrimmSupreme Court of Vermont · 1907
- Holmes v. LarawaySupreme Court of Vermont · 1891
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