Banks v. King

U.S. District Court

Decided June 15, 1809

U.S. District Court · decided 1809-06-15

At law. Assumpsit [by Banks, an insolvent, for the use of his trustee, against George and A. King] for goods sold; non assumpsit, and discount pleaded in bar. The defendant offered to set off a note made by the plaintiff to John Tern pieman, and by him indorsed in blank. objected that it did not appear at what time the note came to the hands of the defendants, and that the precise time must be proved. Dickson v. Evans, 6 Term B. 57.

Decided 1809-06-15

THE COUBT(DUCKETT, Circuit Judge, absent,)

¶1permitted the defendant to read the note in evidence, on proof that it came to his hands before the plaintiff’s insolvency.

¶2Mr. Morsell, for the defendant, offered to set off a note due from Lowdermilk & Banks to Kunkle & Ghequere, and by them indorsed to the defendant, and offered to prove that the original debt was due from Banks alone for goods sold him by Kunkle & Ghequere.

¶3Mr. Porter, for the plaintiff, contra, objected that they must be mutual debts, and due in the same right, and cited 1 Pow. Cont. 440; 1 H. Bl. 659; 1 Wils. 155; Bull. N. P. 179; and Cowp. 133.

¶4And of that opinion was THE COUBT, (DUCKETT, Circuit Judge, ¿bsént) Verdict for plaintiff.