Chaplin v. Currier
Supreme Court of Vermont
General Assumpsit. The defendant pleaded the general issue, set-off, and a special plea of payment, and gave notice of special matter. The plaintiff joined is.sue on the first plea, replied non assumpsit to the second, and traversed the third. The defendant joined issue on the replication to the second and third pleas.
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General Assumpsit. The defendant pleaded the general issue, set-off, and a special plea of payment, and gave notice of special matter. The plaintiff joined is.sue on the first plea, replied non assumpsit to the second, and traversed the third. The defendant joined issue on the replication to the second and third pleas. The,second plea alleged, in the form of the common counts in assumpsit, that the plaintiff, before and at the time of the commencement of the suit, was and still is indebted to the defendant in a large sum of money, for, &c., which said sum exceeded the damages sustained by the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
I. The English statutes, 2 Geo. II, c. 22, s. 13, and 8 Geo. II, c. 24, s. 4, relating to set-off,-provided a method by which defendants having claims equal to or greater than those of the plaintiffs, might, in certain actions, defeat recovery by the plaintiffs, by pleading or giving notice of their claims, and offering to set off enough of them to satisfy the plaintiffs’ claims ; but did not, as our statutes do, provide for the recovery in the same actions, of balances due the defendants. Under those statutes, a separate action was…
2Cases cited1 opinion
- Grow v. AlbeeSupreme Court of Vermont · 1847
3Cited by2 opinions
- Tinkham v. SmithSupreme Court of Vermont · 1883
- Lawler v. VetteMissouri Court of Appeals · 1912