Goldthwaite v. National Bank
Supreme Court of Alabama
Bill in Equity to establish Equitable Set- Off against Judgment. Appeal from the Chancery Court of Montgomery. Heard before Hon. H. Austill.
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Bill in Equity to establish Equitable Set- Off against Judgment. Appeal from the Chancery Court of Montgomery. Heard before Hon. H. Austill. The bill in this case was filed on the 20th December, 1875, by George Goldthwaite, against the First National Bank of Montgomery; and sought to enjoin, and to establish an equitable set-off against a judgment, which the defendant had recovered against the complainant, in the City Court of Montgomery, on the 11th December, 1875, for the sum of $4,326.27, besides costs. The action at law, in which the judgment was rendered, was commenced on the 3d…
1Opinion of the Court
BRICKELL, O. J.
— It is very certain the demands now attempted to be set-off were not available in a court of law, because they were not subsisting at the commencement of the action. A demand, available as a set-off in a court of law, must be such as the defendant could, at the commencement of suit, have made the foundation of a separate, independent action against the plaintiff. A surety, therefore, paying the debt of the principal for which he was bound, after the commencement of suit against him on a debt due the principal, *554whatever may be the merits of his de'mand, has not a set-off…
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- Wray's Adm'rs v. FurnissSupreme Court of Alabama · 1855
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