Hunter v. Henning
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1914, No. 14l0, on verdict for plaintiff in case of David Hunter, Jr., Receiver of the Land Trust Company v. J. F. Henning. Appeal from judgment of the County Court of Allegheny County.
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Appeal, No. 129, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1914, No. 14l0, on verdict for plaintiff in case of David Hunter, Jr., Receiver of the Land Trust Company v. J. F. Henning. Appeal from judgment of the County Court of Allegheny County. Before Swearingen, J. At the trial it appeared that J. F. Henning, the defendant, became indebted to the Land Trust Company upon a promissory note, dated August 2, 1909, in the sum of $950.- There were paid on account thereof the following amounts, viz: October 1,1909, $100; November 11,1909, $50; January 21, 1910,…
1Opinion of the Court
Opinion by
Kepi-iart, J.,
This appeal, from the argument, presents but a single question: May a defendant, sued in his own right, by the receiver of an insolvent bank, on a note due the bank, use as an equitable defense or set-off deposit accounts standing in his name in the bank, one as trustee for J. Dorothy Henning, and the other as executor of E. O. Anderson?
Set-off originally was an equitable defense and it is not entirely controlled by the Act of 1705, but applying equitable principles, cross-demands or defenses not within the statute may be allowed: Frantz v. Brown, 1 Penrose & Watts…
2Cases cited9 opinions
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Commonwealth v. Tradesmen's Trust Co.Supreme Court of Pennsylvania · 1915
- Jack v. KlepserSupreme Court of Pennsylvania · 1900
- Stephens v. CotterellSupreme Court of Pennsylvania · 1882
- Cochran v. CutterSuperior Court of Pennsylvania · 1901
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