Raymond v. State
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The complainant’s testator, being indebted to the State in the sum of $13,000, and being sued for the debt, gave in full settlement thereof his bill of exchange on J. & T. Green, bankers, which was duly accepted by the drawees, payable in State warrants.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The complainant’s testator, being indebted to the State in the sum of $13,000, and being sued for the debt, gave in full settlement thereof his bill of exchange on J. & T. Green, bankers, which was duly accepted by the drawees, payable in State warrants. After this acceptance was taken by the State in payment of the debt, the drawer acquired from the Pilot Publishing Company sundry accounts for printing against the State, which the legislature had ignored, and made no appropriation to pay. The bill asks that J. &…
1Opinion of the CourtSimrall, C. J.
The case made by the appellant in his bill is susceptible of this abstract statement: Can one set off, against the demand of the State, an indebtedness of the State to himself, growing out of a distinct transaction ?
A set-off is a counter-demand which a defendant holds against a plaintiff, arising out of a transaction extrinsic of the plaintiff’s cause of action. Recoupment is distinguished from a set-off in these particulars : 1st, It arises out of matters connected with the transaction or contract on which the plaintiff’s cause of action is founded. 2d, It matters not whether it be…
2Cases cited8 opinions
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- United States v. MacDanielSupreme Court of the United States · 1833
- United States v. RobesonSupreme Court of the United States · 1835
- United States v. WilkinsSupreme Court of the United States · 1821
- Chevallier's Adm'r v. StateTexas Supreme Court · 1853
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3Cited by17 opinions
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- Durbridge v. StateSupreme Court of Louisiana · 1906
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