Bates v. Lanier

Citations

• 75 Fla. 79
• 77 So. 628

Syllabus

<p>1. Statutes of set-off, being regarded as remedial acts, tending to prevent circuity of action and thus settle controversies speedily, are to be liberally construed.</p> <p>2. Where -a tort as for the conversion of money may be waived and a suit brought on an implied promise to pay a definite sum of money, it may be a proper matter for a set-off in an action et contractu.</p> <p>3. Under the statute an answer in equity “may, without cross-bill, set out any set off or counter-claim against the plaintiff which might be the subject of an independent suit'in equity against him;” and in a suit to enforce a mortgage lien on lands, the defendant may set-off a claim for moneys converted by the complainant where the defendant shows a right to such set-off.</p>