Kingman v. Draper

Baser J.

Set-off has application only to actions brought on contract, and is a cross-debt, a counter demand of claim, originating in contract, which the defendant holds against the plaintiff, and it most usually arises out of a transaction extrinsic to that involved in the plaintiff’s canse of action. The defendant may plead the set-off, or may give notice thereof under the general issue or under the plea of payment, and may recover a judgment for any excess of indebtedness in his favor. The defendant stands in the attitude of a plaintiff in a cross-action and both the original action and the…