Lucore v. Kramer

Supreme Court of Iowa

Lucore v. Kramer

22 Iowa 387

CourtSupreme Court of Iowa

DecidedJune 19, 1867

StatusPublished

Cited by4 cases

This text of 22 Iowa 387 (Lucore v. Kramer) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lucore v. Kramer, 22 Iowa 387 (iowa 1867).

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Opinion

Lowe, Ch. J.

1. Executor and administrator: set-off. There was no eiTor in overruling the demurrer. The defendant’s claim, as a set-off, existed long before the death of Rufus IT. Lucore, the payee of the note. Had suit been brought upon this note in his life-time, the defendant’s right of set-off would be unquestioned. The death of Lucore does not have the effect to repeal or supersede this right; the doctrine being, that mutual claims compensate each other. The amount which may be due, is always the balance left after deducting the lesser from the greater sum. If in tills case the defendant’s claim should exceed that of the plaintiff’s, the judgment rendered in his favor can only be collected as other demands againt the estate.

Affirmed.

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Lowe, Ch. J.

1. Executor and administrator: set-off. There was no eiTor in overruling the demurrer. The defendant’s claim, as a set-off, existed long before the death of Rufus IT. Lucore, the payee of the note. Had suit been brought upon this note in his life-time, the defendant’s right of set-off would be unquestioned. The death of Lucore does not have the effect to repeal or supersede this right; the doctrine being, that mutual claims compensate each other. The amount which may be due, is always the balance left after deducting the lesser from the greater sum. If in tills case the defendant’s claim should exceed that of the plaintiff’s, the judgment rendered in his favor can only be collected as other demands againt the estate.

Affirmed.

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Bluebook (online)

22 Iowa 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucore-v-kramer-iowa-1867.

Opinion

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