Banigan v. Woonsocket Rubber Company
Supreme Court of Rhode Island
Assumpsit on a promissory note, defendant pleading in set-off claims which it had made the subject of a pending suit against the plaintiff. Certified from the Common Pleas Division, and heard on demurrer to plaintiff’s replication setting up the pending suit.
1Opinion of the CourtMatteson, C. J.
This is assumpsit on a promissory note for $100,000, given to the plaintiff by the defendant. When this note fell due, August 3, 1896, the defendant refused to pay it, on the ground that the plaintiff was indebted to it in a larger sum, from which it requested the plaintiff to deduct the amount of the note. He declined so to do, and on August 6, 1896, began this action, making the writ returnable October 3, 1896. Thereupon the defendant, on August 8, 1896, began an action against the plaintiff for the sum which it claimed to be due to it from the plaintiff, and made its writ returnable…
2Cases cited7 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Smith v. BillingsAppellate Court of Illinois · 1896
- Lock v. MillerSupreme Court of Alabama · 1832
- Collyer v. CollinsNew York Supreme Court · 1864
- Rankin v. HarperIndiana Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Insurance Company of North America v. Kayser-Roth Corp., 92-5248 (1999)Superior Court of Rhode Island · 1999