Oliver v. Canan

Citations

• 71 Ohio St. (N.S.) 360

Syllabus

<p>Cross-demands■ between parties — Where if one had brought action, the defendant could claim set-off — Counter claims of judgment creditor and judgment debtor — Section S07S, Revised Statutes — Neither can be deprived of benefit by assignment, when — Effect of lapse of time before issue of execution — Assignment of judgment to third party — Equity.</p> <p>Section 5073, Revised Statutes, which provides that when cross-demands have existed between persons under circumstances that if one had brought action against the other a set-off could have been set up, neither can be deprived of the benefit thereof by assignment by the other, but the two demands must be deemed compensated so far as they equal each other, applies to a case where a judgment creditor seeks by action against his debtor to set off a balance due from his debtor in the judgment against a balance due such debtor from the plaintiff upon another judgment, and the right to have such set-off is not affected by the' fact that five years elapsed after the rendition of the plaintiff’s judgment without the issue of execution, nor by the fact that the judgment debtor (defendant) who resists such set-off has, after the rendition of the plaintiff’s judgment, assigned his judgment, for value, to a third person who at the time was ignorant of the indebtedness of his assignor to the plaintiff.</p>