Hibert v. Lang
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1894, by defendant, from order of O. P. No. 2, Allegheny Co., April T., 1894, No. 578, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit on bond.
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Appeal, No. 131, Oct. T., 1894, by defendant, from order of O. P. No. 2, Allegheny Co., April T., 1894, No. 578, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit on bond. From the record it appeared that the action was brought against defendant for the purpose of recovering the sum of $299.10 on a bond of F. X. Woog, upon which bond defendant and Edward D. Wingenroth were sureties severally. E. D. Wingenroth filed an affidavit of defence as follows : “ Ed. D. Wingenroth, agent of the said…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The foundation of set-off is the prevention of circuity of action. It is therefore the general rule that the cross demands must be held by the same persons and in the same rights, so that actions may be maintained thereon each against the other. But the whole doctrine is founded on equitable principles. It has frequentlj' been held that our defalcation act is much broader than the English statutes, and it was said by Chief Justice Gibson in Frantz v. Brown, 1 P. & W. 257, that “ Set-off was originally nothing more than an equitable defence which the legislature…
2Cases cited4 opinions
- Tustin v. CameronSupreme Court of Pennsylvania · 1840
- Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
- Crist v. BrindleSupreme Court of Pennsylvania · 1828
- Smith & Co. v. Myler & AberSupreme Court of Pennsylvania · 1853
3Cited by31 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Hunter v. HenningSupreme Court of Pennsylvania · 1918
- Dickerson v. Dickersons Overseas Co.Supreme Court of Pennsylvania · 1952
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Blue Star Navigation Co. v. Emmons Coal Mining Corp.Supreme Court of Pennsylvania · 1923
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