Oxley v. Tucker

U.S. Circuit Court for the District of District of Columbia

Oxley v. Tucker

18 F. Cas. 931, 1 Cranch 419

CourtU.S. Circuit Court for the District of District of Columbia

DecidedJuly 15, 1807

StatusPublished

This text of 18 F. Cas. 931 (Oxley v. Tucker) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oxley v. Tucker, 18 F. Cas. 931, 1 Cranch 419 (circtddc 1807).

Pincite

Opinion

THE COURT

(nem. con.) gave judgment for the plaintiff, because it appeared to be a naked case of set-off of debts due in different rights. And although a joint debt may be proved under a separate commission, yet it is only to enable the joint creditor to come in for his share of the surplus, after payment of the separate creditors.

This judgment was reversed by the supreme court (5 Cranch [9 U. S.] 34), because a defendant may set off a joint debt by virtue of the bankrupt law.

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THE COURT

(nem. con.) gave judgment for the plaintiff, because it appeared to be a naked case of set-off of debts due in different rights. And although a joint debt may be proved under a separate commission, yet it is only to enable the joint creditor to come in for his share of the surplus, after payment of the separate creditors.

This judgment was reversed by the supreme court (5 Cranch [9 U. S.] 34), because a defendant may set off a joint debt by virtue of the bankrupt law.

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Bluebook (online)

18 F. Cas. 931, 1 Cranch 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oxley-v-tucker-circtddc-1807.