Hazlehurst v. Bayard

Decided March 15, 1801

Supreme Court of Pennsylvania · decided 1801-03-15

This was an appeal from the decision of the Chief Justice on a dispute which came before him in the vacation, respecting a set-off. The facts were these : — The plaintiff’s testator effected a policy of insurance on the schooner Lydia, Gideon Olmstead, master, for himself, and others interested and concerned in the same, which was underwrote by the defendant.

Decided 1801-03-15

Yeates, J.

¶1delivered the opinion of the court. Circumstanced as this case is, we can know no other parties in this suit, than those mentioned in the record. Olmstead intrusted Darrah to *153make the insurance, and has permitted the suit for the defendant’s whole subscription to proceed to judgment, without a claim on his part. It is perfectly well settled, that judgments may be set off against each other, (3 Wils. 396, 2 Bl. Rep. 669,) and we can see no reason why a defalcation should not take place in the present instance.

¶2The decision of the Chief Justice must be confirmed.