Howe Machine Co. v. Hickox

Citations

• 106 Ill. 461

Syllabus

<p>1. Set-off—of judgments between different parties—whether set off at law, or only in equity. Judgments not between the same parties can not be set off at law, and. it devolves upon the party seeking to set off a judgment in his favor against A and B, as to a judgment by A for the use of 0, against such party complainant, to §how some equitable ground for being protected against the judgment so held by A. It is not enough that complainant may have shown his rights are equal to those of C, the beneficial plaintiff in that judgment. Unless the complainant can show they were superior to any equitable claim which could be urged in favor of the beneficial plaintiff, he can not succeed.</p> <p>2. Assignee of contract—whether chargeable with notice of equities between his assignor and the other party to the contract. A contract was made between a machine company for the closing up of the business between it and A and B, in which the company agreed to pay A two dollars for each sewing machine sold by him, or upon a lease in certain territory, provided A should devote his time and best energies to the sale of such-machines, and A assigned and sold to 0 all his rights and demands under the contract. It was held, on a bill by the machine company to have a judgment recovered by A for the use of 0 set off against a judgment recovered by the company against A and B for a larger sum in a different State, that 0, the assignee of A, was only required to know the terms of the contract of A assigned to him, and the rights of the parties thereunder, but was not bound to take notice of the equities of the company against A and B, or of the judgment against them, thus treating the agreement between the company and A and B as constituting two distinct contracts, one with A and B, and the other with A.</p> <p>3. Contract—whether joint or several. Where the language of a contract is capable of being so construed, it will be taken to be joint or several, according to the interest of the co