New Haven Copper Co. v. Brown
Supreme Judicial Court of Maine
On Exceptions from the ruling of Rice, J. In this case an application was made to the Court by the defendant to have the judgment herein, and the judgment to be rendered in the action, Charles S. Brown v. New Haven Copper Company, pending in this Court, set off, the one against the other. The application was resisted by Wm.
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On Exceptions from the ruling of Rice, J. In this case an application was made to the Court by the defendant to have the judgment herein, and the judgment to be rendered in the action, Charles S. Brown v. New Haven Copper Company, pending in this Court, set off, the one against the other. The application was resisted by Wm. W. Goddard, who claimed to be the plaintiff in interest in said action against Brown, under an assignment of the subject matter of said action to him by said company. The Court ordered the judgments to be offset. To which order and ruling the said Goddard excepted. The…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
By R. S., c. 81, § 68, and by R. S. of 1841, c. 114, § 14, it is provided that, when an action is brought in this State by any person not an inhabitant thereof, of who cannot be found therein, to be served with process, he shall be held to answer to any action brought against him by the defendant, if the demands are of such a nature that one judgment or execution can be set off against the other.
As between the parties upon the record, in the two cases in which the set-off is claimed by Charles S. Brown, the creditor in one and the debtor in…
2Cases cited1 opinion
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Champlin Refining Co. v. Gasoline Products Co.Court of Appeals for the First Circuit · 1928
- Scholle v. PinoNew Mexico Supreme Court · 1898
- Champlin Refining Co. v. Gasoline Products Co.Court of Appeals for the First Circuit · 1928