Putnam's v. Clark

Ohio Supreme Court

Putnam's v. Clark

1 Wright 595, 1 Ohio Ch. 595

DecidedMay 15, 1834

StatusPublished

This text of 1 Wright 595 (Putnam's v. Clark) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Putnam's v. Clark, 1 Wright 595, 1 Ohio Ch. 595 (Ohio 1834).

Pincite

Opinion

LANE, J.

An offset under our law must come in under notice, it cannot be pleaded. The statute dispensing with proof does not reach the admission of evidence under a notice, and therefore does not apply to this case. The account by the Massachusetts law is barred, and that act under the provisions of our law governs the case. These questions, when they arise under a notice, are to be determined by proof, not by plea.

Verdict and judgment for the plaintiff.

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LANE, J.

An offset under our law must come in under notice, it cannot be pleaded. The statute dispensing with proof does not reach the admission of evidence under a notice, and therefore does not apply to this case. The account by the Massachusetts law is barred, and that act under the provisions of our law governs the case. These questions, when they arise under a notice, are to be determined by proof, not by plea.

Verdict and judgment for the plaintiff.

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Bluebook (online)

1 Wright 595, 1 Ohio Ch. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/putnams-v-clark-ohio-1834.