Hodge v. Comly
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of assumpsit, to December term, 1837, No. 436, brought by John L. Hodge against Samuel Comly. The plaintiff filed the following copies of bills and notes.
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THIS was an action of assumpsit, to December term, 1837, No. 436, brought by John L. Hodge against Samuel Comly. The plaintiff filed the following copies of bills and notes. “ Havana, the 8th February, 1837. 1. Third.—Exchange for $7000. At sixty days after sight, pay this third of exchange, (1st, 2d and 4th not paid,) to the order of John L. Hodge, Esq., seven thousand dollars, value received, which place to account of Your obedient servant, (Signed) Ysidio Sicart, (Endorsed) John L. Hodge. To S. Comly, Esq., Philadelphia. No. 740.” “ Havana, the 8th February, 1837. 2. Third.—Exchange for…
1Opinion of the Court
The opinion of the court was delivered by
Stroud, J.—
Two facts are averred in the affidavit of defence, which, taken together, require the rule for judgment in this case to be discharged. The first is, that the bills of exchange which have been filed as cause of action, are not the property of the plaintiff, but belong to Hodge, Oxnai'd & Co. And secondly, that a set-off in favour of the defendant exists against Hodge, Oxnard, & Co., equal in amount, or nearly so, to the debt claimed on the bills.
It is indisputably true, as has been argued for the plaintiff, that an action may be maintained on…
2Cases cited1 opinion
- Gage v. KendallNew York Supreme Court · 1836
3Cited by1 opinion
- Clark v. LeachMassachusetts Supreme Judicial Court · 1813