Gutchess v. . Daniels
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The action was brought to recover the sum of $748.72, being one-half of the net profits claimed to belong to plaintiff as the assignee of the firm of Gutchess & Yawger, as their share of the net profits arising from the sale of one boat load of wheat consigned by them to defendants, and received and sold by defendants as commission merchants. On the 29th day of July, 1867, Gutchess & Yawger…
1Opinion of the CourtAllen, J.
This case presents but a single question, and that is, whether a party can be deprived of the legal right of set-off by an agreement deliberately made upon a good con sideration. The right of set-off in the case of cross-debts is given by law for the benefit of parties having mutual dealings, and to avoid a multiplicity of actions. It is a proceeding by which equity can be done between suitors at law. But like every other benefit or privilege conferred by law, it may be waived by the party entitled to it. In courts of law, a defendant may set-off any claim which he has against the plaintiff,…
2Cases cited2 opinions
- Henniss v. PageSupreme Court of Pennsylvania · 1838
- Louden v. TiffanySupreme Court of Pennsylvania · 1843
3Cited by5 opinions
- Lutz v. WilliamsWest Virginia Supreme Court · 1917
- Hicks v. FaustTexas Supreme Court · 1919
- Stacy, Adams & Co. v. CookSupreme Court of Kansas · 1900
- New York Factors, Inc. v. George Levine's Sons Co.Massachusetts Supreme Judicial Court · 1965
- Pratt v. CollinsNew York Supreme Court · 1880