Young v. Young

Appellate Court of Illinois

Young v. Young

32 Ill. App. 109, 1889 Ill. App. LEXIS 85

DecidedNovember 23, 1889

StatusPublished

This text of 32 Ill. App. 109 (Young v. Young) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Young v. Young, 32 Ill. App. 109, 1889 Ill. App. LEXIS 85 (Ill. Ct. App. 1889).

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Opinion

Conger, J.

The principal question presented by this record is, can a defendant, when sued, set off a judgment obtained by a third person against the plaintiff and assigned to the defendant, before suit is brought.

We think the doctrine is well settled that he can do so. Waterman on Set-off, 193, 365; Ford v. Stewart, 19 Johns. 343; Wright v. Cobleigh, 3 Fost. (N. H.) 32; Wilson v. Reeves, 4 Sneed (Tenn.), 173.

The Circuit Court refused to permit this to be done, which we think was error, for which the judgment will be reversed and the cause remanded.

Reversed and remanded.

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Conger, J.

The principal question presented by this record is, can a defendant, when sued, set off a judgment obtained by a third person against the plaintiff and assigned to the defendant, before suit is brought.

We think the doctrine is well settled that he can do so. Waterman on Set-off, 193, 365; Ford v. Stewart, 19 Johns. 343; Wright v. Cobleigh, 3 Fost. (N. H.) 32; Wilson v. Reeves, 4 Sneed (Tenn.), 173.

The Circuit Court refused to permit this to be done, which we think was error, for which the judgment will be reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

32 Ill. App. 109, 1889 Ill. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-young-illappct-1889.