Jennings v. Shriver

Indiana Supreme Court

Jennings v. Shriver

5 Blackf. 37, 1838 Ind. LEXIS 22

DecidedNovember 22, 1838

StatusPublished

This text of 5 Blackf. 37 (Jennings v. Shriver) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jennings v. Shriver, 5 Blackf. 37, 1838 Ind. LEXIS 22 (Ind. 1838).

Pincite

Opinion

THE holder of a note for payment of money, is not obliged to receive a payment on it from the maker, of part of the amount due.

In a .suit against A. on a joint and several note of A. and B., the defendant cannot set off a debt due by the plaintiff to B. And even if the suit should be against A. and B. on the note, a debt due by the plaintiff to B. would not, for the want of mutuality, be a legal matter of set-off.

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THE holder of a note for payment of money, is not obliged to receive a payment on it from the maker, of part of the amount due.

In a .suit against A. on a joint and several note of A. and B., the defendant cannot set off a debt due by the plaintiff to B. And even if the suit should be against A. and B. on the note, a debt due by the plaintiff to B. would not, for the want of mutuality, be a legal matter of set-off.

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Bluebook (online)

5 Blackf. 37, 1838 Ind. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-shriver-ind-1838.