Coffing v. Dungan
Coffing v. Dungan
Opinion of the Court
Dungan sued Coiling, who was principal, and Merritt and Crane, who were sureties on a promissory note. Coffing held a note against Dungan, which the defendants below pleaded as a set-off. Dungan replied showing that he was entitled to the benefit of the exemption laws, and asked to have the nóte declared upon set off to
, It is firmly settled by the decided cases in this State that an insolvent debtor, who is plaintiff in an action on a promissory note, may successfully claim such note as exempt from execution or other final process, as against a note, account, judgment, or other evidence of debt pleaded as a set-off to his note, and that he may do this by way of reply to the answer of set-off. Smith v. Sills, 126 Ind. 205; Coppage, Admr., v. Gregg, 1 Ind. App. 112.
The amount claimed by the appellants in their set-off was larger than that shown to be due on the note sued on by the appellee. The contention of appellant’s counsel, that for this reason the reply does not fully meet the answer of set-off, is. without merit. Whether the debt he owes the appellants is large or small does not affect Ms right of exemption of the note mentioned in the complaint and reply.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.