Ledyard v. Phillips
Michigan Supreme Court
Appeal from Kent. (Montgomery, J.) Bill to compel set-off. Defendants appeal. Where one of the parties to counter-claims or judgments is insolvent, and the circumstances are such that a set-off could not be had at law, equity will compel a set-off of one claim against another, or one judgment against another : Simson v. Hart 14 Johns. 62, 74; Blake v. Langdon 19 Yt. 485 ; Lindsay v. Jackson 2 Paige Ch. 581; Pond v. Smith 4 Conn. 297; Storey’s Eq.
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Appeal from Kent. (Montgomery, J.) Bill to compel set-off. Defendants appeal. Where one of the parties to counter-claims or judgments is insolvent, and the circumstances are such that a set-off could not be had at law, equity will compel a set-off of one claim against another, or one judgment against another : Simson v. Hart 14 Johns. 62, 74; Blake v. Langdon 19 Yt. 485 ; Lindsay v. Jackson 2 Paige Ch. 581; Pond v. Smith 4 Conn. 297; Storey’s Eq. Jur. § 1437 ; Smith v. Felton 43 N. Y. 419 ; Brewer v. Nor-cross 17 N. J. Eq. 219; Phelps v. Reeder 39 111. 173; Himrod v. Baugh 85 111. 435 ; High…
1Opinion of the CourtCampbell, J.
Complainant filed his bill to compel the set-off of so much as should be necessary of a judgment in his favor against John W. and Levi L. Phillips, against a judgment obtained against him by Levi L. Phillips, but assigned to defendant Warner.
The complainant’s judgment was obtained on a joint and several note made by John W. and Levi L. Phillips for *206$6492 due September 1,1873. Upon this, suit was brought October 15, 1875, and defendants pleaded the general issue with set-off. In March, 1876,. the suit was referred to S. L. Withey, who, May 15, 1877, reported in favor of defendants for $697.23.…
2Cases cited2 opinions
- Ledyard v. PhillipsMichigan Supreme Court · 1882
- Ledyard v. PhillipsMichigan Supreme Court · 1875
3Cited by2 opinions
- Kinney v. TaborMichigan Supreme Court · 1886
- Hyde v. GearhartSouth Dakota Supreme Court · 1921