¶1If the defendant had pleaded the set-off specially, he would have been under no necessity to have given any other written notice. It would then have been incumbent on the plaintiff to have replied the statute of limitations. Here the set*off is not pleaded; and under the case cited, r*oqo the evidence may be well objected to, on the mere notice of set-off. Evidence overruled.
1 Yeates 391
Jacks v. Moore
Decided September 15, 1794
Supreme Court of Pennsylvania · decided 1794-09-15
Debt 152I. 5s. sur obligation. Oyer of specialty and special imparlance. Plea, payment with leave to give the special matters in evidence, with notice of set off. Replication, non solvit, and issue.
Decided 1794-09-15