Lattomus v. Garman

Citations

• 3 Del. Ch. 232

Syllabus

<p>Set off does not, under the English, as under the civil liw, operate immediately as a satisfaction pro tanto, leaving the balance of the larger demand as the only indebtedness between the parties. It is a privilege of the defendant, which may or may not be asserted in an action for the counter demand, depending not upon a mutuality of debts in their origin, but upon a mutuality of indebtedness between the parties to the action.</p> <p>A bond sued upon by an assignee is subject, by way of set-off, only to a cross demand against him, but a credit actually allowed, or which the original parties had agreed to allow, before assignment, would attach itself to the debt and bind an assignee for value, whether with or without notice.</p> <p>A statement in the answer,of such matters as, in their nature could not be known to the defendant, personally, unless by means of such investigation as is not to be presumed, without being specially stated, will, although responsive, have only the force of an answer upon information and belief, and is not evidence.</p> <p>Great credit is due to a list of sales made at a public vendue, as the evidence provided by the parties as to what was sold, and the prices bid.</p> <p>An admission relied upon to charge a defendant, made, not in the case but in conversation or writing, must be taken as a whole, as made, and subject to any qualification of its effect which was coupled with it. Such admissions differ in this respect from a confession and avoidance by answer in the case.</p>