Cutler v. Hinton
Supreme Court of Virginia
This was an appeal from a Decree of the Chancery Court held in Richmond, rendered in favour of the Appellee, against the Appellant. William Cutler had brought Assumpsit against John Hinton, for money had and received to the Plaintiff’s use, in the Superior Court of Prince George.
Read the full summary
This was an appeal from a Decree of the Chancery Court held in Richmond, rendered in favour of the Appellee, against the Appellant. William Cutler had brought Assumpsit against John Hinton, for money had and received to the Plaintiff’s use, in the Superior Court of Prince George. He obtained a Verdict and Judgment against the Defendant,.for #2,786 60 cents,-with interest from the 21st April, 1818. At that trial the Defendant offered in evidence, as a set-off, or discount against the Plaintiff’s demand, an account raised against Cutler, by John Hanserd 8y Co., for the sum of $ 795 10, of which…
1Opinion of the Court
Judge Carr.*
Cutler sued Hinton in Case for money had and received to his use. On non-assumpsit pleaded, the Defendant offered as a set-off, an account for goods, amounting to $795 10, charged as taken up by Cutler, with the firm of Hanserd %■ Co., of which firm Hinton was one, and produced a Deed, showing a transfer of all the debts of the firm to Hinton, and also a witness to prove, that the goods were taken up by one Love, (the son-in-law of Cutler,) on his (Cutler’s) promise to pay. The Court rejected-the set-off. The Defendant excepted, and a Verdict and Judgment were had against him for…
2Cited by11 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Johnson v. BankWest Virginia Supreme Court · 1906
- Myers v. Peek's AdministratorSupreme Court of Alabama · 1841
- Hudnall v. PaineSupreme Court of Florida · 1897
- Gerow v. RiffeWest Virginia Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.