Alsop v. Nichols
Supreme Court of Connecticut
was an action of assnmpsit, brought by George Nic7z.~ ols, surviving partner of the late firm of Bull & Nichols, against Richard Alsap. The declaration contained two counts; the first being general indebitatus assumpsit for money had and received; and the other, for money paid, laid out and expended for the defendant, at his request.
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was an action of assnmpsit, brought by George Nic7z.~ ols, surviving partner of the late firm of Bull & Nichols, against Richard Alsap. The declaration contained two counts; the first being general indebitatus assumpsit for money had and received; and the other, for money paid, laid out and expended for the defendant, at his request. The money, amounting to 314 dollars, was alleged to have been received by and expended for the defendant, on the 12th of August, 1813. The defendant pleaded the insolvency of the plaintiff, and a debt due from said firm, to him the defendant, on the 20th of…
1Opinion of the CourtWilliams, J.
The question in this case, is, whether the plaintiff’s replication is sufficient.
By our statute of set-off, when the plaintiff is a bankrupt, or insolvent, or not an inhabitant of the state, and there are mutual debts existing between the parties, one debt may be ; set off against the other, and judgment may be rendered for the balance. Slat, 43. tit. Actions Civil, sec. 32.
In support of the demurrer, it is claimed, that upon the principles of natural equity and justice, one debt ought to be set off against another: that the decisions under the civil law, as well as those of our own courts,…
2Cases cited3 opinions
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- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Stevenson v. BachrachIllinois Supreme Court · 1897
- Jackson ex dem. Jones v. StikerNew York Supreme Court · 1800
- Simonds v. ShieldsSupreme Court of Connecticut · 1899
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