Oxley v. Tucker

District Court, District of Columbia
Oxley v. Tucker, 1 D.C. 419 (1807)

Oxley v. Tucker

Opinion of the Court

The Court

(nem. con.) gave judgment for the plaintiff, because it appeared to be a naked case of set-off of debts due in different rights. And although a joint debt may be proved under a separate commission, yet it is only to enable the joint creditor to come in for his share of the surplus, after payment of the separate creditors.

This judgment was reversed by the Supreme Court, (5 Cranch, 34,) because a defendant may set off a joint debt by virtue of the Bankrupt Law.

Reference

Full Case Name
Oxley, Assignee of Thomas Moore v. John and James Tucker
Status
Published