Davidson v. Alfaro
New York Supreme Court
Cross-appeals from a judgment, entered upon tbe trial of this action by tbe court, without a jury. Tbe plaintiff appealed from so much of the judgment as limited tbe set-off provided for in tbe judgment to tbe sum of $500. Tbe defendants appealed from each and every part of the judgment.
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Cross-appeals from a judgment, entered upon tbe trial of this action by tbe court, without a jury. Tbe plaintiff appealed from so much of the judgment as limited tbe set-off provided for in tbe judgment to tbe sum of $500. Tbe defendants appealed from each and every part of the judgment. Tbe action was brought to have a claim of the plaintiffs against tbe defendant Alfaro, set-off against a judgment recovered by him against them, and thereafter assigned to his attorneys ■ it was commenced February 25, 1876. The court found, among other things, that on or about the 20th day of November, 1872,…
1Opinion of the Court
Davis, P. J.:
On the decision of this case the learned court below pronounced the following opinion:
Barrett, J. A statutory set-off on bill filed is a matter of strict right. Where the demands on both sides are liquidated by judgment, the case is brought within the provision of the statute, and no other equity is needed. That is not this case, for when the present action was commenced the plaintiff’s demand, although matured, was not liquidated by judgment. There is a class of cases, however, not specially provided for in the statute, in which equity affords relief. Even before the statute,…
2Cases cited9 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Smith v. . FeltonNew York Court of Appeals · 1871
- Gay v. GayNew York Court of Chancery · 1843
- Duncan v. LyonNew York Court of Chancery · 1818
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
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