Putnam v. Field
Massachusetts Supreme Judicial Court
Contract for the price of flour sold to the defendant by the plaintiff. The defendant declared in set-off on a count for money had and received to his use by the plaintiff At the trial 'n the superior court, before Rockwell, J., the judge, on facts proved or offered to be proved, which are stated in the opinion, ruled “that the defendant could not avail himself of his set-off.”
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Contract for the price of flour sold to the defendant by the plaintiff. The defendant declared in set-off on a count for money had and received to his use by the plaintiff At the trial 'n the superior court, before Rockwell, J., the judge, on facts proved or offered to be proved, which are stated in the opinion, ruled “that the defendant could not avail himself of his set-off.” There being no dispute that the defendant was' liable to the plaintiff on the original cause of action, a verdict was returned for the plaintiff accordingly, and the defendant alleged exceptions.
1Opinion of the CourtMorton, J.
If the defendant had a debt or demand against the plaintiff, for money paid, money had and received, or services done, which existed at the time of the commencemr.jt of the suit, he can set it off against the plaintiff’s claim. Gen. Sts. c. 130, §§ 1-5.
The declaration in set-off in this case is for money nod and received. If, upon the facts proved and offered to be proved at the trial, the defendant could maintain an action of money had and received against the plaintiff, it is obvious that, under the provisions of the statute above cited, he has the right of set-oil in this action. These…
2Cited by11 opinions
- Choate, Hall & Stewart v. SCA Services, Inc.Massachusetts Supreme Judicial Court · 1979
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
- Central Supply Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1930
- Pike v. Anglo-South American Trust Co.Massachusetts Supreme Judicial Court · 1929
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