Houston v. Fellows

Decided April 15, 1854

Supreme Court of Vermont · decided 1854-04-15

General assumpsit. Offset. Assumpsit. The declaration contained.only the general counts, to which the defendant plead the general issue, and a plea in offset, containing also the general counts. Trial by the court, May Term, 1858, — Poland, J., presiding. In reference to the plaintiff’s claim, the court found the following facts.

Cited by 1 later decisions — most recently September 1880

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-04-15

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¶1The opinion of the court was delivered by

Bennett, J.

¶2We think the judgment of the county court should be affirmed, in both particulars. The defendant was employed by the plaintiff to settle a suit pending against him, by a third person, by paying twelve dollars, and he settled the same by giving his own note for thirteen dollars, and the claim was discharged. The suit was fully settled by the note of the plaintiff, and the defendant *636thereby had received money’s worth, and, the general action for money paid, will well lie; and as the plaintiff was limited to twelve dollars, he must be content in recovering that sum, and the interest on it.

¶3The defendant’s claim in offset, accrued from the payment of the money, and this being subsequent to the commencement of the plaintiff’s suit, it is not a legal offset.

¶4The judgment of the county court is affirmed.