Tidewater Quarry Co. v. Scott
Supreme Court of Virginia
Error to a judgment of the Law and Chancery Court of the city of Norfolk in an action of assumpsit. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtHarrison, J.
Two questions are raised by this record: (1) Can a defendant in an action at law set off against a liquidated demand the value of goods belonging to the defendant, which have been converted by the plaintiff to his own use? and (2) If the value of such goods can be set off, are the items of offset so described in the statement of defense as to entitle the defendant to prove them ?
The plaintiff, Scott, brought an action of assumpsit against the defendánt quarry company to recover a sum alleged to be due on a note, and a balance due on open account.
The defendant filed a plea of non-assumpsit and…
2Cases cited6 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Columbia Accident Ass'n v. RockeySupreme Court of Virginia · 1896
- Allen v. HartSupreme Court of Virginia · 1868
- Smith v. HuieSupreme Court of Alabama · 1848
- Gunn's Administrator v. ToddSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- Nelson County v. ColemanSupreme Court of Virginia · 1919
- Davis Erection Co., Inc. v. JorgensenNebraska Supreme Court · 1995
- United Cigarette Machine Co. v. BrownSupreme Court of Virginia · 1916
- Walker v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1910
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