Brash v. Ehrman
Supreme Court of Florida
This case was decided by Division B. Writ of Error to the Circuit Court for Hillsborough County. Statement The defendants in error as plaintiffs 'below, sued the plaintiff in error as defendant below, in the Circuit Court for Hillsborough County in assumpsit for the value of certain goods and chattels bargained, sold and delivered to the plaintiff in error, amounting to the sum of three hundred and ninety-one ($391.00) dollars. ' A writ of attachment was issued and levied…
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This case was decided by Division B. Writ of Error to the Circuit Court for Hillsborough County. Statement The defendants in error as plaintiffs 'below, sued the plaintiff in error as defendant below, in the Circuit Court for Hillsborough County in assumpsit for the value of certain goods and chattels bargained, sold and delivered to the plaintiff in error, amounting to the sum of three hundred and ninety-one ($391.00) dollars. ' A writ of attachment was issued and levied upon certain personal property of the defendant, whereupon the defendant, with two sureties, to-wit, L. Meriwether and…
1Opinion of the Court
Parkhill, J.,
(after stating the facts.) : The first assignment of error is, that the court erred in striking the plea of the defendant. There was no error in this ruling. The claims sought to be set off are for tort. Our statute prescribes that debts or demands mutually existing between the parties shall be proper subjects of set off. The *158case of Matthews v. Lindsay, 20 Fla., 962, disposes of this question. In that case we held: “A set off is allowed in an action on contract, only of matters growing out of contract. Damages sustained by reason of annoying suits, malicious prosecutions,…
2Cases cited1 opinion
- Matthews v. LindsaySupreme Court of Florida · 1884
3Cited by4 opinions
- Coffin v. TalbotSupreme Court of Florida · 1933
- Bates v. LanierSupreme Court of Florida · 1918
- Albert M. Travis Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1931
- Grand Lodge, Knights of Pythias v. StroudSupreme Court of Florida · 1932