Hovey v. Morrill
Supreme Court of New Hampshire
Bill in Equity, to set off opposing judgments. At the September term, 1879, the defendant recovered judgment against the plaintiff in an action of deceit in the sale of land by the plaintiff to the defendant. Before the recovery, and pending the action, the defendant assigned the right of action, and any judgment to be recovered to his son to pay a debt due him.
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Bill in Equity, to set off opposing judgments. At the September term, 1879, the defendant recovered judgment against the plaintiff in an action of deceit in the sale of land by the plaintiff to the defendant. Before the recovery, and pending the action, the defendant assigned the right of action, and any judgment to be recovered to his son to pay a debt due him. The defendant was insolvent, and at the time of the assignment owed the plaintiff a considerable sum upon promissory notes given by the defendant in part payment for the land sold. The assignee knew of his father’s indebtedness to the…
1Opinion of the CourtAllen, J.
Courts of law and of equity have the power to set off mutual judgments, one against the other, so far as either will apply. The power is an equitable one, to be exercised in the interests of justice, and is not derived from the statutes governing the right of set-off of one claim against another in suit, or of executions in which the plaintiff in one is the defendant in the other. Under the statutes, to enable one party to set off a claim against another in suit, tbe claims must be mutual to and from the same persons in the same right and capacity, and liquidated or determinate by…
2Cases cited9 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
- Russel v. ConwayCalifornia Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881