Johnson v. White Mountain Creamery Ass'n
Supreme Court of New Hampshire
Assumpsit. The writ contains a special count on a contract for the plaintiff’s services for one year from May 1, 1894, of which the alleged breach was his discharge January 1,1895, and also general counts under which the plaintiff specified a claim for $260 as a balance due for labor. The plea was the general issue, with a brief statement setting up in recoupment the loss of $457.60 through the plaintiff’s negligence and his disobedience of the defendants’ orders.
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Assumpsit. The writ contains a special count on a contract for the plaintiff’s services for one year from May 1, 1894, of which the alleged breach was his discharge January 1,1895, and also general counts under which the plaintiff specified a claim for $260 as a balance due for labor. The plea was the general issue, with a brief statement setting up in recoupment the loss of $457.60 through the plaintiff’s negligence and his disobedience of the defendants’ orders. Facts found by a referee. In April, 1898, the defendants employed the plaintiff as a butter maker and general manager of their…
1Opinion of the CourtCarpenter, J.
Damages that accrue to a defendant from the transaction out of which the plaintiff’s cause of action arises may be recouped. Cole v. Colburn, 61 N. H. 499; Simonds v. Cross, 63 N. H. 123. The doctrine of recoupment is in general applicable whenever in the trial of the plaintiff’s action an investigation of the facts on which the claim of the defendant depends is necessary. The law does not compel parties • to bring two actions when with equal convenience their rights can be settled in one.
The employment of the plaintiff by the defendants as the manager of their business, and the rendition of…
2Cited by15 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Champlin Refining Co. v. Gasoline Products Co.Court of Appeals for the First Circuit · 1928
- Zurback Steel Corp. v. EdgcombSupreme Court of New Hampshire · 1980
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