Legal Opinion

Downer v. Eggleston

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1835PublishedCited by 5 opinions

Error from the supreme court. Eggleston sued Downer in the supreme court, and declared upon a written instrument made by the defendant in December, 1829, whereby he acknowledged to have received of the plaintiff a receipt of A. Nelson & Co. for 5032 feet of square hemlock timber, the property of the plaintiff, and agreed to account for the timber, if he should dispose of it, to the full amount of the proceeds, deducting the changes of A. Nelson & Co. for securing the same…

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Error from the supreme court. Eggleston sued Downer in the supreme court, and declared upon a written instrument made by the defendant in December, 1829, whereby he acknowledged to have received of the plaintiff a receipt of A. Nelson & Co. for 5032 feet of square hemlock timber, the property of the plaintiff, and agreed to account for the timber, if he should dispose of it, to the full amount of the proceeds, deducting the changes of A. Nelson & Co. for securing the same from high water; the instrument specifying that the timber should not be sold for less than six cents per cubic foot) ^be…

1Opinion of the Court

The following opinions were delivered :

By the Chancellor..

An agreement to pay for goods or other property in ready money, does not deprive the defendant of his right to offset a debt due to himself, which, under other circumstances, would be a proper subjéct of set-off; unless it ■can be shown that the debt which is sued for in the name of *55the plaintiff is not in fact his, but in equity belongs to another. In Elaud, v. Karr and others, 1 East’s Rep. 375, which was an action of assumpsit for goods sold, the defendants pleaded a set-off of the money due on several bills of exchange ; to which…

2Cases cited1 opinion

  1. Brown v. CumingNew York Supreme Court · 1804

3Cited by5 opinions

  1. Taylor v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
  2. Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
  3. Pierce v. HoffmanWisconsin Supreme Court · 1856
  4. Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
  5. Gutchess v. DanielsNew York Supreme Court · 1870

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