Barker v. Mann

Decided March 15, 1842

Massachusetts Supreme Judicial Court · decided 1842-03-15

Assumpsit for goods sold to the defendant on the 2d of December 1840. The defendant filed, by way of set-off, an account against the plaintiff for goods sold to him on the 30th of April 1840. At the trial in the court of common pleas, the defendant admitted the plaintiff’s claim.

Decided 1842-03-15

By the Court.

¶1We are of opinion that the defendant’s demand might have been proved under the commission of insolvency which was taken out against the plaintiff, and therefore that it was discharged by the certificate granted to him.

¶2Verdict set aside, and new trial granted