Howard v. Shores

Citations

• 20 Cal. 277
• 1862 Cal. LEXIS 51

Syllabus

<p>Under the forty-seventh section of the Practice Act, a claim, to constitute a set-off, must be such that the party pleading it might obtain a several judgment against his adversary upon it; and this excludes a joint debt as a set-off against a several one.</p> <p>To justify the allowance of a set-off of a joint debt due from plaintiff and another against the individual claim of plaintiff, upon equitable grounds, it is not sufficient to show that the joint debtors owe a considerable amount, and that their property is incumbered by judgments, mortgages and attachments, without showing that they are insolvent, or that the defendants are in danger of losing their demand.</p>