Muller v. Ferry

The main question presented by this appeal arises upon the defendant’s counterclaim. The plaintiffs are the assignees of one Mittimore with respect to a certain agreement whereby the defendant covenanted, upon a contingency which has happened, to give Mittimore certain shares of stock.

The plaintiffs, as such assignees, established their right to recover the value of these shares. Thereupon the defendant attempted to set off a demand which he claimed to have against Mittimore at the date of the latter’s assignment to *481the plaintiffs. The evidence offered hy the defendant in support of this…