Summers v. Lee

1. The court erred in disallowing the defendant’s plea of set-off. “If the plaintiff sues- for the benefit of another person, a set-off against the beneficiary shall be allowed.” Civil Code (1910), § 4343.

2. There being sufficient evidence to authorize the inference that the making of the note and the deed by the wife, to secure a loan to her, was merely a colorable scheme by which her separate estate was to be subjected to the debts of her husband, it was error to direct the verdict for the plaintiff. Even if the evidence could be said to preponderate in favor of the plaintiff, the verdict…