Legal Opinion

Hernández v. Ballester

Supreme Court of Puerto Rico

Decided May 5, 1936No. 6221Published

1Opinion of the CourtJustice Wole

Antonio R. Hernández, as the receiver of the Banco Industrial de Puerto Rico, appointed on the 31st of July 1930, brought suit against Jaime Ballester, José D. Rodríguez, and F. Cabán to recover the sum of $745.87 due from them as makers of a promissory note. The existence of the indebtedness is not denied, but defendants Ballester and Rodriguez claimed the benefit of a set-off. The District Court of San Juan was of the opinion that as the rights to the set-off, if any, were acquired after the institution of the receivership, the defendants could not successfully rely on their claim.

On the…

2Cases cited3 opinions

  1. Stone v. DodgeMichigan Supreme Court · 1893
  2. Oates v. SmithSupreme Court of Alabama · 1912
  3. Freitas v. PasserinoCalifornia Court of Appeal · 1933

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