Peine v. Lewis

Citations

• 64 Miss. 96

Syllabus

<p>Set-off. Mutuality of. Evidence to support, when admissible. Case in judgment.</p> <p>L. sued M. and 0. on a joint promissory note. The defendants pleaded payment and gave notice with their plea of an open account 'against L., which they would ask to be set-off against the note. Afterward C. withdrew his plea and said nothing. On the trial an open account in favor of M. against L. was offered, and in support of it evidence was offered to show that M. was the principal debtor and 0. simply a surety. The court rejected this evidence and refused to allow the account as a set-off. Held, that the action of the court was correct.</p>