Hardy v. Corlis
Superior Court of New Hampshire
Assumpsit, on a promissory note of the defendant, payable to the plaintiff, or order. Plea, the general issue, and notice of set-off, consisting of a promissory note payable to John L. Rix or order, and indorsed to the defendant.
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Assumpsit, on a promissory note of the defendant, payable to the plaintiff, or order. Plea, the general issue, and notice of set-off, consisting of a promissory note payable to John L. Rix or order, and indorsed to the defendant. The plaintiff’s original writ was dated August 6th, 1849. It appeared on trial that the plaintiff’s writ was made out and put into the hands of the officer for service, before six o’clock on the morning of August 6th; that at eight o’clock on the same morning the note filed in set-off was sold and transferred by Rix to the defendant; that some time after this…
1Opinion of the CourtPerley, J.
The Revised Statutes, ch. 187, § 4, provide that “ if there are mutual demands between the plaintiff and defendant at the time of the commencement of the plaintiff’s action, one debt or demand may be set off against the other.” The set-off filed in this suit cannot be allowed, unless it was a demand which the defendant had against the plaintiff at the time when the action was commenced. Was the action commenced within the meaning of the statute, when the writ was made out and placed in the hands of the officer for service ? or, not until the writ was actually served ?
It has been well and long…
2Cases cited5 opinions
- Society for Propagating the Gospel v. WhitcombSuperior Court of New Hampshire · 1820
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Robinson v. BurleighSuperior Court of New Hampshire · 1830
- Davis v. DunkleeSuperior Court of New Hampshire · 1838
- Graves v. TicknorSuperior Court of New Hampshire · 1834