Taylor v. Bass
Supreme Court of Alabama
"Whit of Error to the County Court of Tallapoosa county. Assumpsit by Taylor, for the use of Berry against Bass, on a promissory note made by him, and due 22d January, 1840. At the trial, the defendant gave in evidence, under the pleas of payment and set-off, a joint and several note made by the nominal plaintiff Taylor, and one Lovelace, payable to Dunn & Co. and due the 2d January, 1840. Bass, the defendant, was a partner of this firm, and the note was reduced to judgment…
Read the full summary
"Whit of Error to the County Court of Tallapoosa county. Assumpsit by Taylor, for the use of Berry against Bass, on a promissory note made by him, and due 22d January, 1840. At the trial, the defendant gave in evidence, under the pleas of payment and set-off, a joint and several note made by the nominal plaintiff Taylor, and one Lovelace, payable to Dunn & Co. and due the 2d January, 1840. Bass, the defendant, was a partner of this firm, and the note was reduced to judgment in the names of all the partners. This judgment was offered and admitted as a set-off. The plaintiff excepted, and now…
1Opinion of the CourtGoldthwaite, J.
The debt allowed as a set-off, by the court below, was due to the defendant and another, as partners, and there is nothing in the record to show any assent of the one, that the other should appropriate it to his own use or sole benefit.
In principle, this case cannot be distinguished from that of Pierce v. Pass, [1 Porter, 232,] where it was held, that the individual debt of one partner could not be set-off against a debt due to the firm. [See also, Von Pheel v. Connelly, 9 Porter, 452.]
The statute, [Digest, 281,] allows mutual debts to be set-off, and if the relative situation of these…
2Cases cited2 opinions
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
3Cited by7 opinions
- Ross v. PearsonSupreme Court of Alabama · 1852
- Jones v. BlairSupreme Court of Alabama · 1876
- Walker v. McCoySupreme Court of Alabama · 1859
- Collins v. CampbellSupreme Judicial Court of Maine · 1902
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.