Davis v. Noll
West Virginia Supreme Court
I. — The admissibility of a set-off is governed by the law of the forum.- — -38 Vt. 500; 1 Dan. Neg. Inst. 738. LI'. — Independent set-off held, by maker against assignor may be asserted in Virginia against assignee of an overdue negotiable note — r-6 Or. 203; 5 Munf. 388; 18 W. Va. 212. III. — An independent set-off held by the maker against the payee should be allowed in an action brought by the assignee of commercial'paper, to whom it has been assigned after maturity and…
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I. — The admissibility of a set-off is governed by the law of the forum.- — -38 Vt. 500; 1 Dan. Neg. Inst. 738. LI'. — Independent set-off held, by maker against assignor may be asserted in Virginia against assignee of an overdue negotiable note — r-6 Or. 203; 5 Munf. 388; 18 W. Va. 212. III. — An independent set-off held by the maker against the payee should be allowed in an action brought by the assignee of commercial'paper, to whom it has been assigned after maturity and without consideration and for the purpose of evading the set-off. 39 N. I-I. 54.; 25 Mo. 422; 111 IncL 272; 69 Ill. 574;…
1Opinion of the Court
Dent, Judge :
This is a suit instituted by George S. Davis, the indorser of two certain negotiable promissory notes, against M. F. *67Noll, the maker, in the Circuit Court of Ohio county. Defendant appeared and demurred to the declaration, which demurrer was overruled. Two special pleas in writing were tendered and rejected. Nildebet was pleaded, and an account of an offset hied. On the trial defendant offered to prove his offset, but the court refused to admit disproof and gave judgment against him for the full amount of plaintiff’s demand.
From this judgment defendant obtained a writ of error to…
2Cases cited2 opinions
- Smith v. LawsonWest Virginia Supreme Court · 1881
- Pates v. St. ClairSupreme Court of Virginia · 1854
3Cited by8 opinions
- State v. SponaugleWest Virginia Supreme Court · 1898
- Cochran v. ParisSupreme Court of Virginia · 1854
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Williams v. BurgessWest Virginia Supreme Court · 1914
- First National Bank of Grafton v. DanserWest Virginia Supreme Court · 1912
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