Warner v. Caulk
Supreme Court of Pennsylvania
This was a writ of error to the District Court for tbe City and County of Philadelphia. In the Court below John Warner brought an action of replevin against Oliver Caulk.
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This was a writ of error to the District Court for tbe City and County of Philadelphia. In the Court below John Warner brought an action of replevin against Oliver Caulk. The defendant avowed the taking, on a distress for one quarter’s rent, amounting to $287 50, due on the 27th day of December, 1834, on a demise of the premises made by him to the plaintiff at a certain rent, payable quarterly; the first quarter’s rent having been payable on the 27th of June, 1834; and the rent distrained for being that of the third quarter. The plaintiff pleaded specially to this avowry, among other thing,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though statutes of set-off are confessedly inapplicable to an avowry, it has been urged that it may be met by ^defalcation; and the argument implies a- distinction which I had not known before to be attempted. In our own statute the word set-off is not used at all; and it seems with reason, as defalcation, its synonyme, more accurately expresses the cutting of a smaller debt from a larger one before the residue is paid to the creditor. On the other hand, diminution of demand, by failure of consideration, stands not on extinction by cross…
2Cited by7 opinions
- Gorman v. MillerSuperior Court of Pennsylvania · 1905
- Jackson v. FarrellSuperior Court of Pennsylvania · 1897
- Sutton v. ReedSuperior Court of Pennsylvania · 1922
- Sharpless v. ZelleySuperior Court of Pennsylvania · 1908
- Weber v. RorerSupreme Court of Pennsylvania · 1892
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