Jeffries v. Evans
Court of Appeals of Kentucky
Error to tiie Barren Circuit. Chancery. Case 27. The case stated. Off-sets in chancery do not de. pend upon our statute of set-off. but are allowed upon the general principles of equity. One member of a film will be allowed to off-set in equity his own judgment against an insolvent debtor, who seeks to coerce a judgment against such firm. Where there are mutual judg’mts between parlies, the assignee of one of them takes only a subordinate equity.
1Opinion of the Court
Judge Breck
delivered the opinion of the Court.
Jeffries exhibited his bill, and obtained an injunction, restraining the collection of a judgment obtained against him, H. S. Myers and J. W. Evans, by Alexander Evans, before a Justice of the Peace, for $21 84, and costs. Pie alledges that this judgment had been assigned by the plaintiff, to one Hanson Musgrove; that prior to its rendition, he had obtained two judgments against Alexander Evans, one for about $15, and the other for about $11, upon both of which executions had been returned no property found; that Evans was insolvent, and he prays…
2Cases cited1 opinion
- Merrill v. SoutherCourt of Appeals of Kentucky · 1838
3Cited by3 opinions
- Wunderlich v. Merchants National BankSupreme Court of Minnesota · 1910
- Bryant Brothers v. Wilson, Bank. Com.Court of Appeals of Kentucky (pre-1976) · 1934
- Ritter v. CostIndiana Supreme Court · 1883