McLauthlin v. Smith
Massachusetts Supreme Judicial Court
Contract, upon an account annexed. Trial in the Superior Court, before Sheldon, J., who ruled that the matter offered by the defendant Smith could not be availed of in set-off, and directed the jury to return a verdict for the plaintiffs. The defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLosing, J.
The only question presented in this case is the right of the defendant Smith, in an action to recover from him a liquidated sum, to set off the following claim which he has against the plaintiffs.
The defendant was the survivor of two partners, who had acted as ship’s husband of a barque. The barque had been, on several foreign voyages, resulting in a loss of $8,‘707.41, six sixty-fourths of which was due from the plaintiffs as owners of that undivided share in the vessel. When the declaration in set-off was filed, the bill in the case of Smith v. Butler, ante, 38, was pending, and the…
2Cases cited2 opinions
- Ames v. BatesMassachusetts Supreme Judicial Court · 1876
- Smith v. ButlerMassachusetts Supreme Judicial Court · 1895
3Cited by4 opinions
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Ulin v. DeitrickCourt of Appeals for the First Circuit · 1936
- Fine v. City Five Cents Savings BankMassachusetts District Court, Appellate Division · 1941
- Fine v. City Five Cents Savings BankUnited States District Court · 1941