Crenshaw v. Jackson
Supreme Court of Georgia
Assumpsit, &c. in Oglethorpe Superior Court. Tried, October Term, 1848, before Judge Sayre. This was an action commenced by Crenshaw against Jackson, for the purchase money for a cotton gin sold him.
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Assumpsit, &c. in Oglethorpe Superior Court. Tried, October Term, 1848, before Judge Sayre. This was an action commenced by Crenshaw against Jackson, for the purchase money for a cotton gin sold him. The defendant pleaded payment, and the following plea of se'-oíf: “ And fox-further plea, &c. defendant says, that on 8th February, 1842, said plaintiff was indebted to this defendant, and was indebted at the time of the commencement of the action hereof, and is still indebted, in the sum of fifty-five dollars, besides interest ; for that, on the day and year aforesaid, said plaintiff transferred…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
To this action a plea of set-off was filed, in which several grounds of claim against the plaintiff are exhibited. Among them, a verbal warranty by plaintiff to the defendant, of the goodness of two promissory notes, transferred by him to the defendant for a valuable consideration. This part of the plea was demurred to, because it did not “ disclose a proper ground of set-off'.” The Court overruled the demurrer, and the plaintiff excepted.
[1.] A right of action for a breach of Warranty, we hold, is not within the English Statute of Set-Off. The…
2Cases cited3 opinions
- M'Kinney v. BellowsIndiana Supreme Court · 1832
- De Tastett v. CrousillatU.S. Circuit Court for the District of Pennsylvania · 1807
- Homas v. McConnellU.S. Circuit Court for the District of Illinois · 1844
3Cited by2 opinions
- First State Bank of Windom v. McElwrathCourt of Appeals of Texas · 1924
- Dale v. RichardsDistrict of Columbia Court of Appeals · 1892