Dubois v. Dubois
New York Supreme Court
Tins was an action of debt, tried at the Saratoga circuit, hi May, 1828, before the Hon. Nathan Williams, one of the circuit judges. _ . The declaration is in debt on a decree of the surrogate of Saratoga for $101,77, for and on account of a legacy be-queathed to the plaintiff, and for $9,66 money lent.
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Tins was an action of debt, tried at the Saratoga circuit, hi May, 1828, before the Hon. Nathan Williams, one of the circuit judges. _ . The declaration is in debt on a decree of the surrogate of Saratoga for $101,77, for and on account of a legacy be-queathed to the plaintiff, and for $9,66 money lent. The defendant pleaded nil debet, and gave notice of payment and of general set-off for money paid, &c. and specially, that W0UH set off two promissory notes given by the plaintiff and two justice’s judgments in favor of the defendant the plaintiff. On the trial, the plaintiff produced the…
1Opinion of the Court
By the Gourt, Marcv, J.
The question presented by this case is as to the right of the defendant to set off the notes mentioned in his notice or the judgments recovered on them. That one or the other may be set off, no reasonable doubt can be entertained. If the exception taken by the plaintiff to the judgments is to be sustained, then the notes are a subsisting demand against the plaintiff; and if the judgments are regular, they constitute a debt that may be set off. The defendant having obtained judgments on the notes, the claim on them must be deemed to have been merged in the judgments,…
2Cited by1 opinion
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