Hart v. Cooper

Citations

• 47 Cal. 77

Syllabus

<p>Pboof of Counteb-Claim: Without Pleading It.—If the payee of a promissory note assigns it after it falls due, and “the payor, without knowledge of the assignment, and after it is made, has dealings with the payee, in which they become mutually indebted to each other, and in an action by the assignee, on the note, the payor proves as a set-off, the amount the payee became indebted to him in said dealings, the assignee may prove, as a counter-claim to the set-off, the amount in which the payor became indebted to the payee, in said dealings, without pleading it.</p> <p>Pboof of a Cboss-Dbmand.—When there has been no opportunity to plead ■ a cross-demand, it may be proved without pleading it.</p>