Burbank v. Willoughby

Superior Court of New Hampshire

Burbank v. Willoughby

5 N.H. 111

CourtSuperior Court of New Hampshire

DecidedNovember 15, 1829

StatusPublished

Cited by1 cases

This text of 5 N.H. 111 (Burbank v. Willoughby) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burbank v. Willoughby, 5 N.H. 111 (N.H. Super. Ct. 1829).

Pincite

Opinion

By the court.

It is possible, that the matter of the set-off might have been given in evidence in this case as a payment on the general issue. But the defendant chose to rely upon it as a set-off, and we think be is not now to be h-essd when he attempts to treat it as a payment, in order to limit the costs. The rule, that when the damages are reduced by a set-off, the plaintiff shall have full costs, applies to this case. It has been so decided for-mferly. i Full costs allowed.

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By the court.

It is possible, that the matter of the set-off might have been given in evidence in this case as a payment on the general issue. But the defendant chose to rely upon it as a set-off, and we think be is not now to be h-essd when he attempts to treat it as a payment, in order to limit the costs. The rule, that when the damages are reduced by a set-off, the plaintiff shall have full costs, applies to this case. It has been so decided for-mferly. i Full costs allowed.

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Bluebook (online)

5 N.H. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbank-v-willoughby-nhsuperct-1829.

Opinion

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