Wright v. . Mooney

Supreme Court of North Carolina

Wright v. . Mooney

28 N.C. 22

DecidedDecember 5, 1845

StatusPublished

This text of 28 N.C. 22 (Wright v. . Mooney) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. . Mooney, 28 N.C. 22 (N.C. 1845).

Pincite

Opinion

Daniel, J.

Set-off is only allowed in actions of as*

sumpsit, debt and covenant, for the non-payment of money, and for which an action of debt or indebitatus as-sumpsit might be maintained; and the debts to be set off, must be due at the commencement of the action. Ba-bington on sets-off, 8. The only question made by the exception is, whether in assumpsit, pending in one Court, the defendant can set-off a judgment, recovered by him against the plaintiff in the Court of another County. — • There is no doubt that he may: for the debts are mutual, though of different dignity, and are within the words of the act.

Per Curiam. Judgment affirmed.

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Daniel, J.

Set-off is only allowed in actions of as*

sumpsit, debt and covenant, for the non-payment of money, and for which an action of debt or indebitatus as-sumpsit might be maintained; and the debts to be set off, must be due at the commencement of the action. Ba-bington on sets-off, 8. The only question made by the exception is, whether in assumpsit, pending in one Court, the defendant can set-off a judgment, recovered by him against the plaintiff in the Court of another County. — • There is no doubt that he may: for the debts are mutual, though of different dignity, and are within the words of the act.

Per Curiam. Judgment affirmed.

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Bluebook (online)

28 N.C. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-mooney-nc-1845.