Feld & Silverberg v. Coleman

Citations

• 72 Miss. 545

Syllabus

<p>1. Set-off. Sow few available, though barred. Code 1880, $ 2687.</p> <p>Under ?¿ 2687, code 1880, providing- that the fact that a set-off is barred shall not preclude the defendant from using it as such, if he held it against the debt before it was barred, such set-off can be used defensively or in exting-uishment -pro tanto of plaintiff’s claim, but it cannot be the basis of a judgment against plaintiff for any excess.</p> <p>2. Same. Damages in attachment. Sight of plaintiff to offset. Act 1884, p. 76.</p> <p>Where, under act of 1884 (Laws, p. 76), a successful defendant in attachment recovers a judgment -for damag-es, and plaintiff’s action thereby abates, and the assignee of such judgment seeks to enforce it, plaintiff, thoug-h his claim has meantime become barred, the defendant being- insolvent, may resort to equity to enforce his right conferred by $ 2687, code 1880, to use said claim defensively as an offset against the judgment. Posey v. Maddox, 65 Miss., 193.</p>