Tilton v. Gordon
Superior Court of New Hampshire
THIS was an action of assumpsit, in which the plaintiff declared in several counts for the same cause of action. The last of these counts, which sets out the facts of the plaintiff’s case very fully, alleges, that on the 31st of March, 1801, the plaintiff gave to the defendant two promissory notes, for upwards of two hundred dollars each, and that on the 7th of April, 1803, the plaintiff delivered to the defendant a yoke of oxen, at the price of fifty-five dollars, in part…
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THIS was an action of assumpsit, in which the plaintiff declared in several counts for the same cause of action. The last of these counts, which sets out the facts of the plaintiff’s case very fully, alleges, that on the 31st of March, 1801, the plaintiff gave to the defendant two promissory notes, for upwards of two hundred dollars each, and that on the 7th of April, 1803, the plaintiff delivered to the defendant a yoke of oxen, at the price of fifty-five dollars, in part payment of the notes : that the defendant promised the plaintiff to endorse the price of the oxen on the notes, but…
1Opinion of the Court
Bell, J.*
The plaintiff’s declaration, as well as his evidence, shows that the oxen, for the price of which this suit is brought, were delivered by the plaintiff to the defendant in part payment of an existing debt, and not on a contract of sale on a credit.
The evidence in the case would have afforded the plaintiff a good defence, to the extent of fifty-five dollars, in the action brought by the defendant against the plaintiff'upon the notes. it could only have availed the plaintiff as a defence as payment, and not as a set off. A set off can only he of an existing debt, for the recovery of…
2Cited by5 opinions
- Binck v. WoodNew York Supreme Court · 1864
- Smith v. WeeksNew York Supreme Court · 1857
- Towns v. NimsSuperior Court of New Hampshire · 1830
- Snow v. PrescottSuperior Court of New Hampshire · 1842
- Holden v. CurtisSuperior Court of New Hampshire · 1819