Wagener v. Mars

Citations

• 20 S.C. 533
• 1884 S.C. LEXIS 44

Syllabus

<p>1. Under a plea of payment, defendant cannot avail himself of a counterclaim : as, e. g., where plaintiff received the proceeds of a draft, half of which belonged to defendant, but which was wholly applied to the individual indebtedness of the other owner of such draft, who indorsed it to plaintiff without instructions to apply any pai't of it to the defendant’s debt.</p>