William P. Clyde & Co. v. Knight

The defendants move for leave to file a plea in set-off. Tbe proposed set-off is a claim for damages for the alleged breach by the plaintiffs, as common carriers, of their contract with the defendants, whereby they agreed to carry a quantity of cloth from Providence to Philadelphia on the steamer Florida, but which they attempted to carry on the steamer Mary, and which was, in consequence, lost.

Gen. Stat. R. I. cap. 201, § 14, provides that “ If any defendant shall have a demand on the plaintiff for any sum liquidated, or for one which may be ascertained by calculation, and which is founded…