March v. . Thomas
Supreme Court of North Carolina
Rule, upon the equity docket, to show cause why certain credits should not be entered upon a decree, dismissed by Gilley, J., at Spring Term 1868, of the Court of Equity for Davidson. W. B. March,' E. D. Hampton, and H. Adams, had filed a bill against Thomas, and obtained an injunction, &c. At Spring Term 1866, the whole matter involved,by order of Court and agreement of the parties was referred.
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Rule, upon the equity docket, to show cause why certain credits should not be entered upon a decree, dismissed by Gilley, J., at Spring Term 1868, of the Court of Equity for Davidson. W. B. March,' E. D. Hampton, and H. Adams, had filed a bill against Thomas, and obtained an injunction, &c. At Spring Term 1866, the whole matter involved,by order of Court and agreement of the parties was referred. At Spring Term 1867, a report was returned awarding, amongst other things, that Thomas should pay to Adams $338,30, and to Hampton and March $1,409.25. This report was confirmed, and a . decree…
1Opinion of the CourtBattle, J.
The doctrine of equitable set off has several times, been the subject of discussion in this Court, and the principles upon which it is allowed are now very well established. Iredell v. Langston, 1 Dev. Eq. 392; Sellers v. Bryan, 2 Dev. Eq. 358, and Elliot v. Pool, 6 Jones Eq. 42. In ordinary cases mutual debts only can be set off in equity as well as at law. Sellers v. Bryan, ubi supra, Bunting v. Ricks, 2 D. & B. Eq. 130. When the plaintiff or one of the plaintiffs, is insolvent, a bond or note due from him to the defendants may be set off in equity without a strict regard to mutuality.…
2Cited by4 opinions
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1917
- State Ex Rel. Board of Commissioners v. BlueSupreme Court of North Carolina · 1925
- Dalton v. Sturdivant BankMissouri Court of Appeals · 1934
- Sloan v. . McDowellSupreme Court of North Carolina · 1874