Knour v. Dick

Dick, the plaintiff below, brought suit against Knour, Hixon, and Swank, on a joint note made by the defendants to the plaintiff. Knour pleaded, amongst other things, by way of set-off, .a debt due to him from the plaintiff.

A demurrer was sustained to the plea, and the correctness of this ruling is the only question involved in the case.

The decision below on the demurrer, was undoubtedly correct. The debt sought to be set off lacked the essential of mutuality. It was due from the plaintiff to only one of the defendants.

The code of 1852 has not dispensed generally with the necessity of…