The New Hampshire Reports Volume 33

The New Hampshire Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ... chap. 203, sec. 9. And if, in rendering such judgment, the plaintiffs set up a claim for liquidated damages, the court will allow it to be opposed by a counter claim of set-off, although the plaintiff also asks judgment for certain unliquidated damages. The language of the statute of sct-ofl's would clearly permit this. Comp. Laws, chap. 119, sec. 6. But it is further contended under this point, that the set-ofi' should be received and deducted, although the plaintiffs' only claim for judgment may be on account of unliquidated damages. The right of set-ofl' is favorably regarded by courts of law, and unless in any case there is a direct infringement of the rule disallowing such right in case of unliquidated damages, a set-ofl' will be received. See Drew v. Towle, 7 Foster 427, 8. The action in this case is debt. The process by which the judgment is reduced to the actual damages, does not alter the nature of the action. The judgment will still be, that the plaintiffs recover their debt. To this debt we submit that a set-off may be pleaded. See Burgess v. Tucker, 5 Johns. 105, as above. W. II. Bartlett, for the plaintiff. 1. If the condition of the bond be broken, we are entitled to judgment. If the collector had neglected to pay over the money at the times required, upon these issues even a subsequent payment would be no answer at common law, much less a set-ofl'. Rev. Stat., chap. 43, sec. 8; Hudson v. Tenney, 6 N. H. 457. Therefore, if a set-ofl' is received at all, it cannot be an answer to the action, but only on the hearing in chancery. Upon the failure of Pillsbury to perform the duties of his oflice, the obligors became jointly and primarily liable on the bond. Therefore a set-ofl' due one of them cannot more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236919874
  • 9781236919878