Greathouse v. Greathouse
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. B. W. Rimes. Suit by appellee Early Greathouse against John A. Greathouse, on a purchase money note for $275, given for a tract of land, and to enforce the vendor’s lien thereon.
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Appeal from Bell. Tried below before the Hon. B. W. Rimes. Suit by appellee Early Greathouse against John A. Greathouse, on a purchase money note for $275, given for a tract of land, and to enforce the vendor’s lien thereon. The defendant set up as an answer a counterclaim consisting of a balance largely in excess of the plaintiff’s claim, growing out of a partnership alleged by defendant to have existed between himself and the plaintiff from 1876 to 1879 in the business of ginning cotton for the public. The answer set forth the items of account between them in the conduct of the business,…
1Opinion of the Court
Walker, P. J. Com. App.
Article 645, E. S., provides that “ whenever any suit shall be brought for the recovery of any debt due by judgment, bond, bill or otherwise, the defendant shall be permitted to plead therein any counterclaim which he may have against the plaintiff-, subject to such limitations as maybe prescribed by law.” Under an analogous provision in the statutes existing previous to the revision (art. 3443, Pasch. Dig.), it was held that the set-offs or counterclaims contemplated by the law must be mutual and due in the same right; that a joint debt cannot be set off against a…
2Cases cited3 opinions
- Hamilton v. Van HookTexas Supreme Court · 1862
- Henderson v. James Gilliam & Co.Texas Supreme Court · 1854
- Allbright v. AldrichTexas Supreme Court · 1847
3Cited by7 opinions
- American General Ins. Co. v. NanceCourt of Appeals of Texas · 1933
- Hornblower & Weeks-Hemphill, Noyes, Inc. v. CraneCourt of Appeals of Texas · 1979
- Dennis v. SmithCourt of Appeals of Texas · 1932
- Peck & Hickernell v. HunterCourt of Appeals of Texas · 1926
- Brook Mays Organ Co., Inc. v. SondockCourt of Appeals of Texas · 1977
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