Smith v. Brinckerhoff
New York Supreme Court
Motion by defendants to set aside report of a jreferee. The action was assumpsit by the plaintiff as assignee in bankruptcy of Preston &• Pomeroy, commenced in May, 1844, to recover a balance of accounts, alledged to be due from the defendant to Preston &. Pomeroy. The defendant pleaded the general issue, and gave notice of set-off.
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Motion by defendants to set aside report of a jreferee. The action was assumpsit by the plaintiff as assignee in bankruptcy of Preston &• Pomeroy, commenced in May, 1844, to recover a balance of accounts, alledged to be due from the defendant to Preston &. Pomeroy. The defendant pleaded the general issue, and gave notice of set-off. On the trial before the referee the defendants offered as a set-off to the plaintiff’s demand a note of Preston & Pomeroy for $459,44, which matured in Jan. 1843. This note was purchased by the defendants, at a discount, on the 15th of February, 1843, after the…
1Opinion of the Court
By the Court, Edwards, J.
At the time that Pomeroy filed his petition in bankruptcy, the defendants had no set-off to the claim of the partnership firm of Preston & Pomeroy. This claim formed a part of the assets which were set out by Pomeroy in the schedule annexed to his petition, and which were to be applied pro rata for the payment of creditors. After this petition had been filed, and with a full knowledge of the insolvency of Preston & Pomeroy, the defendants purchased a note of the firm, which they now propose to offset against their indebtedness.
*520If we should adopt the rule which was…
2Cases cited3 opinions
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
- Ogden v. CowleyNew York Supreme Court · 1807
- Fisher v. CurrierDistrict Court, D. Massachusetts · 1842
3Cited by3 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Brown v. CauseyTexas Supreme Court · 1882
- Hovey v. Home Ins. Co.U.S. Circuit Court for the District of Southern Ohio · 1874