Davidge v. Mayo
New York Supreme Court
Appeal from special term, Kings county. Action by Robert C. Davidge and Sallie M. Davidge against Wallace Mayo, for an accounting with regard to certain joint ventures between Robert Davidge and the defendant. The latter counter-claimed for a failure of Robert to deliver certain shares of stock as he had agreed. From a judgment sustaining a demurrer to the counter-claim the defendant appeals.
1Opinion of the CourtPratt, J.
The policy of the law is that where parties have, respectively, claims against each other arising out of contract, the person owing the larger sum shall not be required to pay any greater amount than the difference upon which the demands will be extinguished. The principle was first established by the courts of equity in cases where for special reasons injustice would •otherwise ensue. But it is now regarded as of general application, is highly favored, and by the statutes relating to set-off and counter-claim can in most ■cases be applied in legal actions. The present action is in equity for…
2Cited by2 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Petrakion v. ArbeelyNew York Court of Common Pleas · 1893