Wagner v. Stocking
Ohio Supreme Court
Reserved in the District Court of Geauga county. The original action was brought in the Court of Common Pleas of Geanga county, on a joint and several note given by the defendants to the plaintiff.
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Reserved in the District Court of Geauga county. The original action was brought in the Court of Common Pleas of Geanga county, on a joint and several note given by the defendants to the plaintiff. The defendants answered separately, each alleging that the defendant, Stocking, was principal in the note, and that the defendant Smith was surety only; and setting up an account due from the plaintiff to the defendant Stocking, which they asked might be set off against the amount dpe on the note, and the defendant Stocking asked for a judgment in his favor, for the balance he claimed to be due on…
1Opinion of the CourtDay, J.
It appears from the record that the defendants sustained the relation of principal and surety in the note on which the suit was brought, and the only question made, is, whether a demand due from the plaintiff to the principal alone may be set off against the claim of the plaintiff, The only objection urged against it, is the want of mutuality between the demands.
We have no statute defining what debts or demands are to be deemed mutual. The code provides (sec. 93) that “ the defendant may set forth, in his answer, as many grounds of defense, counter-claim, and set-off, as he may have, whether…
2Cases cited7 opinions
- Dale v. CookeNew York Court of Chancery · 1819
- Leach v. LambethSupreme Court of Arkansas · 1854
- Newell v. Salmons & WashburnNew York Supreme Court · 1856
- Downer v. DanaSupreme Court of Vermont · 1845
- Kent v. RogersSupreme Court of Missouri · 1857
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