Clark v. King
North Dakota Supreme Court
PPLAL from district court, Morton county; Hon. W. H. Winchester, Judge. Action by the plaintiff against the defendants upon an undertaking wherein the defendants herein were sureties upon an appeal bond. Defendant Sullivan interposed an equitable set-off. A demurrer to the answer containing the same was sustained by the district court. Defendant appeals. The facts alleged in the answer are sufficient to justify the allowance of the set-off upon equitable grounds.
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PPLAL from district court, Morton county; Hon. W. H. Winchester, Judge. Action by the plaintiff against the defendants upon an undertaking wherein the defendants herein were sureties upon an appeal bond. Defendant Sullivan interposed an equitable set-off. A demurrer to the answer containing the same was sustained by the district court. Defendant appeals. The facts alleged in the answer are sufficient to justify the allowance of the set-off upon equitable grounds. Howard v. Shores, 20 Cal. 282; Pomeroy’s Rem. § 761; Lindsay v. Jackson, 2 Paige 581; Simpson v. Hart, 14 John. 63; Gillespie v.…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The demurrer of plaintiff to counter-claim of defendant Sullivan having been sustained, he challenges by this appeal the ruling of the trial court in this respect. It is not pretended that the answer does not state a good cause of action in favor of defendant Sullivan and against the plaintiff; but it is insisted by plaintiff that, as the plaintiff’s cause of action is a joint debt of defendant Sullivan with his co-defendant King, and as the claim sought to be offset against it is the debt of the plaintiff to the defendant Sullivan alone,…
2Cases cited16 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Smith v. . FeltonNew York Court of Appeals · 1871
- Puett v. BeardIndiana Supreme Court · 1882
- Roberts v. DonovanCalifornia Supreme Court · 1886
- Wood v. . FiskNew York Court of Appeals · 1875
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3Cited by5 opinions
- Fidelity & Deposit Co. of Maryland v. DukeCourt of Appeals for the Ninth Circuit · 1923
- Clark v. SullivanNorth Dakota Supreme Court · 1893
- Knaffle v. Knoxville Banking & Trust Co.Tennessee Supreme Court · 1913
- Huether v. BairdNorth Dakota Supreme Court · 1932
- Williams v. ThomasDistrict Court, E.D. Michigan · 1934