Ashton v. Clapier

Supreme Court of Pennsylvania

Ashton v. Clapier

1 Brightly 481

DecidedJanuary 20, 1851

StatusPublished

This text of 1 Brightly 481 (Ashton v. Clapier) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashton v. Clapier, 1 Brightly 481 (Pa. 1851).

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Opinion

Rogers, J.

— In replevin for rent, set-off is not allowable, except under the act of assembly, which applies only to> cases under one hundred dollars. The act leaves the law of set-off, above that amount, as before. The only question, then, is, is the mutual account, under the circumstances of this case, a payment or. satisfaction of the rent? And this, as the court truly say, has been repeatedly decided in the negative. The acknowledgment, that the set-off was just, is nothing, unless she expressly agreed to allow the set-off, and this, it is conceded, she refused to do.

Judgment affirmed.

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Rogers, J.

— In replevin for rent, set-off is not allowable, except under the act of assembly, which applies only to> cases under one hundred dollars. The act leaves the law of set-off, above that amount, as before. The only question, then, is, is the mutual account, under the circumstances of this case, a payment or. satisfaction of the rent? And this, as the court truly say, has been repeatedly decided in the negative. The acknowledgment, that the set-off was just, is nothing, unless she expressly agreed to allow the set-off, and this, it is conceded, she refused to do.

Judgment affirmed.

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Bluebook (online)

1 Brightly 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashton-v-clapier-pa-1851.