Perrine v. Warren
Supreme Court of Alabama
At the spring term 1828, of Lawrence Circuit Court, Hugh Warren, administrator of George Kauck, declared against James Perrine, in debt, on a promissory note, made by said Perrine to his intestate, in his lifetime. The defendant pleaded non detinet, with notice that at the trial, he would give in evidence, and insist by way of setoff, on several demands due said defendant by the decedent at the time of his death, and specifying them particularly.
Read the full summary
At the spring term 1828, of Lawrence Circuit Court, Hugh Warren, administrator of George Kauck, declared against James Perrine, in debt, on a promissory note, made by said Perrine to his intestate, in his lifetime. The defendant pleaded non detinet, with notice that at the trial, he would give in evidence, and insist by way of setoff, on several demands due said defendant by the decedent at the time of his death, and specifying them particularly. The plaintiff replied that the defendant was precluded, because the estate of said Kauck had been reported insolvent to the Judge of the County…
1Opinion of the Court
By JUDGE COLLIER.
Under our statutes which regulate and extend the right of set off,a it is conceded that jf ¿be action had been prosecuted by the intestate in his life time, the plaintiff would have been entitled to his set off against him. But it is insisted that the insolvency of his estate deprives the plaintiff of that right against his representatives. Our statute for the distribution of the estates ofjej.gased persons'When reported insolventb by their ad-ministratofs’ or executors,’directs that after the payment of certain preferred creditors, to which class the plaintiff ■does not…
2Cited by3 opinions
- White's Adm'r v. Life Ass'n of AmericaSupreme Court of Alabama · 1879
- Walker v. Wigginton's AdministratorSupreme Court of Alabama · 1874
- Palmer v. SteinerSupreme Court of Alabama · 1880