Adams v. McGrew
This text of 2 Ala. 675 (Adams v. McGrew) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— The charge of the Court cannot be supported. A demand, to be good as an offset, must be such an one as a suit could be maintained on; for an offset is in the nature of a cross action. The defendant had no property in the bill which he was allowed to set off against the plaintiffs’ demand; but a permission to use it if he could make it available in a settlement- with the plaintiffs, in which event only was he to account for it with the owner. This was not such a property in the bill as would constitute a set off against the plaintiffs’ demand; and the judgment must therefore be reversed, and the cause remanded.
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2 Ala. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-mcgrew-ala-1841.