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5 Blackf. 37

Jennings v. Shriver

Indiana Supreme Court

Decided November 22, 1838

Indiana Supreme Court · decided 1838-11-22

Cited by 1 later decisions — most recently November 1861

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1838-11-22

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¶1THE holder of a note for payment of money, is not obliged to receive a payment on it from the maker, of part of the amount due.

¶2In a .suit against A. on a joint and several note of A. and B., the defendant cannot set off a debt due by the plaintiff to B. And even if the suit should be against A. and B. on the note, a debt due by the plaintiff to B. would not, for the want of mutuality, be a legal matter of set-off.

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