Hughes v. Trahern

Citations

• 64 Ill. 48

Syllabus

<p>1. Set-off—claims must be mutual. A defendant in a suit at law can not set off a debt due to him as surviving partner from the plaintiff.</p> <p>2. Same—in equity. The general rule in equity is that joint and separate debts can not be set off against each other, or that a set off of debts accruing in different rights will not be allowed. But special circumstances may occur creating an equity which will justify a court of chancery in allowing a set off inadmissible in a court of law.</p> <p>3. Same—chancery jurisdiction—in case of insolvency. Where A in his lifetime recovered judgment against B, being at the time indebted to B, as the surviving partner of a late firm, and B, after his death, recovered, as such surviving partner, a judgment against the administratrix of his estate, the estate proving to be insolvent: Held, that in equity B was entitled to have his judgment against the estate of A set off against the judgment in favor of A’s estate, the real parties in interest being the estate of A on the one side and the surviving partner on the other, who was alone entitled to collect the debts due the firm, and who was primarily liable for the debts against the firm.</p> <p>4. Assignment—of judgment at law. A judgment is not, assignable either at common law or under our statute so as to vest the legal title in the assignee. The assignee will take the judgment subject to all the equities existing between the original parties.</p> <p>5. Same—rights of assignee in equity. In equity the assignee will be protected from any acts of the parties after notice of the assignment. After this the former owner and the debtor can do nothing to defeat the rights of the assignee.</p> <p>6. Ohancbby—set-off against assigned, judgment—relief granted. On bill in chancery to have a judgment in favor of the complainant, as surviving partner, against the estate of the debtor, set off against a judgment recovered by the deceased in his lifetime against the complainant, on the ground of