Channing v. Moore
City of New York Municipal Court
Trial by the court without a jury.
1Opinion of the CourtMcAdam, C. J.
The right of set-off is a sort of natural equity that cross demands should compensate each other by deducting the less from the greater, that,the difference between the two may be regarded as the debt. The first question that arises, therefore, is whether it is equitable (all things considered) that the. set-off pleaded by the defendant Moore should be allowed against the demand in suit; and this involves two other considerations:
First. Whether the peculiar right or equity sought to be enforced ought to be satisfied by the defendant without resort to the set-off attempted. (2.) Whether the…
2Cases cited2 opinions
- Ely v. . CookeNew York Court of Appeals · 1863
- Ely v. CookNew York Court of Common Pleas · 1858