Longafelt v. Bartsher

Supreme Court of Pennsylvania

Longafelt v. Bartsher

3 Pen. & W. 492

DecidedJune 15, 1832

StatusPublished

This text of 3 Pen. & W. 492 (Longafelt v. Bartsher) 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

Longafelt v. Bartsher, 3 Pen. & W. 492 (Pa. 1832).

Pincite

Opinion

Per Curiam.

When Light gave Bartsher his note for Longafelf’s debt, he made it his own, and could not, in the action on the note, have set-off a debt due to any one but himself. Set-off can be made only by and between the parties; and Longafelt was a party neither at law nor in equity. As> then, neither Longafelt [493]*493nor Light could have set-off the subject matter of this action, the former is nqt tq be barred for having left undone what the law would nqt have permitted him tq do. There is error, therefore, in the secqnd, hut nqt in the first point.

Judgment reversed and a venife de novo awarded.

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Per Curiam.

When Light gave Bartsher his note for Longafelf’s debt, he made it his own, and could not, in the action on the note, have set-off a debt due to any one but himself. Set-off can be made only by and between the parties; and Longafelt was a party neither at law nor in equity. As> then, neither Longafelt [493]*493nor Light could have set-off the subject matter of this action, the former is nqt tq be barred for having left undone what the law would nqt have permitted him tq do. There is error, therefore, in the secqnd, hut nqt in the first point.

Judgment reversed and a venife de novo awarded.

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Bluebook (online)

3 Pen. & W. 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longafelt-v-bartsher-pa-1832.