A Treatise on the Law of Set-off, Recoupment, and Counter Claim

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Baker, Voorhis & Company, 1869 - Set-off and counterclaim - 731 pages
 

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Contents

88
xl
The defendant must in general own the demand
1
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9
At common
10
How governed
24
83
42
CHAPTER III
44
17
50
Creditor ordering goods from his debtor
51
Where the possession of goods isintrusted to the vendee
52
In case of absence of strict legal title
54
Where the defendant is the holder of a promissory note
57
Where a bank has notes which it refused to discount
58
In case of claims purchased by the defendant conditionally
59
Where the defendant holds a claim for another party
61
Broker effecting a policy in his own name under a commission del credere
62
Broker effecting policy in the name of his principal
65
Broker efiecting insurance in his own name without having a com mission del credere
67
Where a broker has a lien upon property insured
68
Right of broker to retain for amount due him from bankrupt as sured
69
CHAPTER IV
73
Where the demand has not been assigned or has not matured
80
In case of attachment
81
23
82
Demand accruing subsequent to commencement of suit from lia bility incurred before
83
Where judgment has been obtained or assigned after commence ment of suit
84
Where a writ of error is pending
85
As to what will constitute commencement of action
86
Debt of plaintiff to third person
88
Burthen of proof on defendant
89
Where there has been a settlement of account
90
In case of agreement
92
Where the defendants claim is doubtful
94
In case of failure of title
96
Where the burthen of explanation is upon the plaintiff
98
17 Plaintiff cannot reduce setoff by showing error in the original transaction
100
The demand must be such as can be enforced
101

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