Hutchins v. Riddle
Superior Court of New Hampshire
Assumpsit. Upon the trial, the defendant offered, by way of set-off to the plaintiff ⅛ demand, a joint note to himself, signed by the plaintiff and another, which was disallowed, because the note was not against the plaintiff alone.— Whereupon, after a verdict for the plaintiff, the defendant moved that the action might be continued, to give him an opportunity to prosecute said note to judgment, in order that the judgments or executions thereon might be set off against each…
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Assumpsit. Upon the trial, the defendant offered, by way of set-off to the plaintiff ⅛ demand, a joint note to himself, signed by the plaintiff and another, which was disallowed, because the note was not against the plaintiff alone.— Whereupon, after a verdict for the plaintiff, the defendant moved that the action might be continued, to give him an opportunity to prosecute said note to judgment, in order that the judgments or executions thereon might be set off against each other. And he founded this motion on the fact that the plaintiff and the other signer of the note were wholly…
1Opinion of the CourtParker, C. J.
The demand of the defendant., being a joint debt of the plaintiff and another, is not a mutual claim which he could file in set-off, as a matter of right under the statute. 6 N. H. Rep. 27, Woods vs. Carlisle.
But if he now had a judgment on that claim against the plaintiff and the other signer of the note, the plaintiff being liable for the payment of the entire demand, the court might set off the defendant’s judgment against that of the plaintiff, if the equity of the case required it. 4 N. H. Rep. 351, Shapley vs. Bellows, and cases cited; 7 Mass. R. 140, Goodenow vs. Butrick ; 14 Johns. R.…
2Cases cited3 opinions
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Shapley v. BellowsSuperior Court of New Hampshire · 1828
- Woods v. CarlisleSuperior Court of New Hampshire · 1832
3Cited by1 opinion
- Smith v. WoodmanSuperior Court of New Hampshire · 1854