Andrew v. Dundee Savings Bank

It will clarify the discussion to note first the particular grounds on which the appellee resists the appellant’s claim. These are as follows: (1) That one who is debtor to an insolvent may not interpose as an offset a claim purchased by him after the insolvency; (2) that a joint debt cannot be set off against a separate debt; (3) that a defendant cannot set off a demand which he is not entitled to sue in his own name; (4) that an executor cannot, in an action against him individually, interpose as a counterclaim a debt due his testator’s estate.

The foregoing grounds apply in the main to a…