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Spofford v. Rowan

6 N.Y. St. Rep. 250 Court N.Y.C.P. Decision date 1887-02-07 English

Delivered by Allen, J.

Contents

Majority

p. 250
Joseph L. Spofford, Resp’t, v. David N. Rowan, App’lt.
(New York Court of Common Pleas, General Term,
Filed February 7, 1887.)

Headnote

Set-off—Of joint debt against a separate debt not allowed.
Courts of equity, following the law, will not allow a set-off of a joint debt against a separate debt, or conversely of a separate debt against a joint debt. Affirming S. C., 3 N. Y. State Rep., 373.
Appeal from an order of the general term of the city court, affirming an order and judgment of the trial term.
E. P. Johnson, for resp’t; D. N. Rowan, for app’lt.

We are of the opinion that the counterclaims pleaded are not available to the defendant in this action. The question has been fully and carefully discussed by Chief Justice McAdam, and we think that the judgment ought to be affirmed on his opinion. Reported in 3 N. Y. State Rep., 272.

Larremore, 0. J., and Bookstaver, J., concur.