Lewis v. Denton
Cases that cite this one
2 later published cases cite this decision.
- Jorge Construction Co. v. Weigel Excavating & Grading Co. (Iowa 1984)
- Way v. Lamb (Iowa 1863)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A set-off is not a defense to an action. It is the defendant’s action against plaintiff, and plaintiff’s right to recover upon his cause of action is in no manner affected by such set-off.
If, therefore, an action is brought upon a note, duly assigned, in the name of the assignee, the defendant cannot, while the action thus stands, ask to litigate a set-off against the assignor, by simply averring in his pleadings that such assignor is the real party in interest. He is not a party to the record, and no judgment could be taken against him on such set-off, and substantially defendant asks such judgment when he pleads his set-off.
The demurrer was properly sustained.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.