Cole v. Kerr
Ohio Supreme Court
Debt on two notes for $500 each, dated in 1816. Plea, nil debet, with notice of setoff. The two notes were read in evidence, and the plaintiff rested. The defendant offered in evidence a receipt of the plaintiff for $320, dated December, 1815.
1Opinion of the CourtWright, J.
We have no evidence that any bill of particulars has been demanded of the defendant, or delivered to the plaintiff. If such be the case you must show the bill, that we may see if this claim is embraced in it.
As to the second objection, it is true that until the 1st of June, 1824, no statute in Ohio imposed any limit to the action of debton a simple contract: (3 O. 387.) That omission of the legislature, the present plaintiff has availed himself of to save his debt, tie must yield to his adversary the same law he exacts from him. If, in debt, the defendant cannot set up a bar, the plaintiff…
2Cases cited1 opinion
- Ankeny v. Multnomah CountyMultnomah County Circuit Court, Oregon · 1872