Ross v. Knight
Superior Court of New Hampshire
Assumpsit upon a promissory note for $100 payable to Caleb Knight, or order, on demand, and by him endorsed. The defendants pleaded severally the general issue, and each defendant gave notice that he should rely upon his several claims against Caleb Knight as a set-off. The cause was tried at.
Read the full summary
Assumpsit upon a promissory note for $100 payable to Caleb Knight, or order, on demand, and by him endorsed. The defendants pleaded severally the general issue, and each defendant gave notice that he should rely upon his several claims against Caleb Knight as a set-off. The cause was tried at. May term, 1827, when it appeared in evidence that the note mentioned in the declaration was, soon after its date, passed by Caleb Knight to Ira Goodall, in payment of another note, and that after it had remained sometime in the hand of Goodall Caleb Knight paid it and took it up. The defendants then…
1Opinion of the CourtRichardson, C. J.
It is by no means clear, that the claims of these defendants against Caleb Knight could be admitted as a set-off in this case, if they were joint claims. Our statute provides that where there are mutual debts or demands between the plaintiff and defendant, one debt or demand may be set against the other. But here if the note has been actually transferred to this plaintiff and has become his property, Caleb Knight is neither nominally nor actually a party to the suit. He is in no sense plaintiff. In the ease of Levi Eaton v. Benjamin Brown, in the county of Rockingham, November term 1814,…
2Cases cited11 opinions
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- Denniston v. BaconNew York Supreme Court · 1813
- White v. KiblingNew York Supreme Court · 1814
- Baker v. ArnoldNew York Supreme Court · 1803
- Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chandler v. DrewSuperior Court of New Hampshire · 1834
- Grafton Bank v. WoodwardSuperior Court of New Hampshire · 1830
- Hobbs v. CramSuperior Court of New Hampshire · 1850
- Tenney v. EvansSuperior Court of New Hampshire · 1843