Glazier & King v. McCallister

Superior Court of Delaware

Glazier & King v. McCallister

5 Del. 41

DecidedJuly 5, 1848

StatusPublished

This text of 5 Del. 41 (Glazier & King v. McCallister) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glazier & King v. McCallister, 5 Del. 41 (Del. Ct. App. 1848).

Pincite

Opinion

The Court

said there had never been any definite idea connected with the plea of discount in our practice. They could not give it the force or meaning of a>plea of set-off, and the defendant was not at liberty under these pleadings to present his counter claim for goods sold and delivered, which would be a mere set-off; but if he could follow up his books with proof of an agreement to deduct, defalk, or discount the goods so sold by defendant to plaintiff, against this note, the court would allow of this evidence.

Verdict for plaintiff $307 47.

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The Court

said there had never been any definite idea connected with the plea of discount in our practice. They could not give it the force or meaning of a>plea of set-off, and the defendant was not at liberty under these pleadings to present his counter claim for goods sold and delivered, which would be a mere set-off; but if he could follow up his books with proof of an agreement to deduct, defalk, or discount the goods so sold by defendant to plaintiff, against this note, the court would allow of this evidence.

Verdict for plaintiff $307 47.

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Bluebook (online)

5 Del. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glazier-king-v-mccallister-delsuperct-1848.