¶1— The charge of the Court cannot be supported. A demand, to be good as an offset, must be such an one as a suit could be maintained on; for an offset is in the nature of a cross action. The defendant had no property in the bill which he was allowed to set off against the plaintiffs’ demand; but a permission to use it if he could make it available in a settlement- with the plaintiffs, in which event only was he to account for it with the owner. This was not such a property in the bill as would constitute a set off against the plaintiffs’ demand; and the judgment must therefore be reversed, and the cause remanded.
2 Ala. 675
Adams v. McGrew
Decided June 15, 1841
Supreme Court of Alabama · decided 1841-06-15
The action was on a promissory note by the plaintiff in error against the defendant in error. Held: the same under an agreement prior to the commencement of the suit by the plaintiffs, they must allow the bill as a set off; to which charge the plaintiffs excepted.
Cited by 2 later decisions — most recently December 1876
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1841-06-15
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