Huntoon v. Russell
Michigan Supreme Court
Error to Clinton. Assumpsit by Huntoon against Bussell for the amount of a judgment against Bussell in favor of David West and assigned by West to Huntoon.
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Error to Clinton. Assumpsit by Huntoon against Bussell for the amount of a judgment against Bussell in favor of David West and assigned by West to Huntoon. Defendant gave evidence tending to show that he had not appeared in the suit in which West obtained judgment against him, and that in that suit no account had been made of payments that he had made to West before it was begun; that West afterwards admitted that the amount of these payments should have been deducted, and agreed that it should be indorsed on the judgment; that he afterwards learned that the judgment had been assigned to…
1Opinion of the CourtMarston, J.
Counsel for defendant in error claimed on the argument in this case, and the evidence showed, that the demand which Eussell had against West, and upon which he afterwards recovered the judgment against West offered and allowed as a set-off in this case, was made up of payments made to West, and which should have been allowed by the latter on the trial of the action which he brought against Eussell to recover for services performed, and upon which such payments were made. This being so, then, it is clear that such payments could not be considered as an off-set so as to be separated from or…
2Cited by8 opinions
- Mimnaugh v. PartlinMichigan Supreme Court · 1887
- Cleveland v. RothschildMichigan Supreme Court · 1903
- Morehouse v. BakerMichigan Supreme Court · 1882
- Paccalona v. Peninsula Bark & Lumber Co.Michigan Supreme Court · 1912
- Jennison Hardware Co. v. GodkinMichigan Supreme Court · 1897
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