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Hosmer v. Brattle

Supreme Court of Connecticut

Decided December 15, 1791

Supreme Court of Connecticut · decided 1791-12-15

<p>It is the duty of commissioners on insolvent estates, to offset mutual debts between the creditors and the deceased, and to report the balance only, which they find due.</p>

Decided 1791-12-15

¶1Judgment of tbe County Court — That tbe plea in bar was sufficient. Tbe same matters were assigned for error which were contained in tbe special demurrer.

¶2Judgment — That there is nothing erroneous in tbe judgment complained of. It is tbe province of tbe commissioners to offset counterclaims, between tbe creditors and tbe deceased, and to report only tbe balance they find due. Tbe administrator may contest tbe note at common law, notwithstanding such offset; and if tbe note is avoided then tbe remedy will be clear for tbe plaintiff to recover tbe book-debt.

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