- Title
- Reports of cases adjudged in the Superior Courts of law and equity of the State of North Carolina: from the year 1789, to the year 1798
-
-
- Date
- 1832
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-
- Place
- ["North Carolina, United States"]
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Reports of cases adjudged in the Superior Courts of law and equity of the State of North Carolina: from the year 1789, to the year 1798
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HAYWOOD'S REPORTS,
Hogg’s Executors v. Ashe.
Unliquidated damages cannot be set off, but when they are reduced
in remjudicatum, lluy may be. In an action brought by two part,
пегя, я
debt due from one of them, cannot be set otF, but if one of
the partners dies, then in a suit by ihe survivor, a debt due from
Viim, may be set off. When n chose in action is assigned for value
received, no debt contracted subsequently shall be allowed even at
law as a set off against the asaignee, especially if there be an act of
the Legislature taking notice of the assignment and enabling the
assignee to sue in his own name.
Debt upon bund. Pleas, general issue, notice of set
ulT, payment at and after the day : and now upon the trial
it appeared on die part of the Plaintilfs, that prior to the
year 1778, Robert Hogg, now deceased, and Campbell,
were parliiers in trade — that Hogg died, and in 1778, the
Defendant being indebted lo the firm of that company,
gave the bond in question to Campbell, the survivor — that
2) in 1780, Campbell for valuable consideration, by deed as¬
signed all his share and interest in the partnership ef¬
fects and debts, to James Hogg, the principal legatee in
the will of Robert, and some time after joined the enemy,
and was thereby rendered incapable of carrying on suits
at law : and in 1786, the Legislature passed an act, tak¬
ing notice of the assignment, and of Campbell's disability,
and that it was injurious to the creditors, and vested 1 be
right of suing for ti.e partnership debts in the executors
of Robert Hogg, making them also liable to actions, on
account of debts due from the partnership — in 1789, the
Defendant recovered against Campbell £500 for negroes
of the Defendant, carried away by Campbell when he
joined the enemy. The Plaintiff produced the bond, the
deed of assignment, and the act of Assembly, and there
rested his ease. The Defendant then offered the judgment
recovered by him against Campbell, as a set off ; which
was objected tu, by ffilliums, for the Plaintiff. He ar¬
gued, that all uncertain damages, all unliquidated de¬
mands which are Sound in damages only, are in their na¬
ture incapable of being set off — only such demands for
winch deb), or indebitatus assumpsit, will lie, can lie set
off. One principal requisite to a debt in order to its
being sei off. is, that it should be mutual. Co7ti. 56. —
Iredell 172, and these, debts are tint mutual ; the judgment
off, id to be set nil', is obtain, d against Campbell, in jure
proj/rio, f„r :■ transact inn nn ways relative lo the partner¬
ship concerns, and which arose after the death of the
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