Road Garage Corp. v. Marcus

The plaintiff sued upon a contract of indemnity

executed by the defendant. Said contract guaranteed against loss not exceeding $6,000 in connection with the ownership and operation of a garage. It was given to induce the purchase of the garage. The defendant in his answer, among other defenses, alleged that at the special instance and request of the plaintiff he paid out various sums of money aggregating more than the amount demanded by the plaintiff. He pleaded said payments and advances as an offset to the plaintiff’s claim and also by way of counterclaim. Upon the trial the defendant…