Jennings v. Shriver
Indiana Supreme Court
Jennings v. Shriver, 5 Blackf. 37 (Ind. 1838)
1838 Ind. LEXIS 22
Jennings v. Shriver
Opinion of the Court
THE holder of a note for payment of money, is not obliged to receive a payment on it from the maker, of part of the amount due.
In a .suit against A. on a joint and several note of A. and B., the defendant cannot set off a debt due by the plaintiff to B. And even if the suit should be against A. and B. on the note, a debt due by the plaintiff to B. would not, for the want of mutuality, be a legal matter of set-off.
Reference
- Full Case Name
- Jennings v. Shriver.—In error
- Status
- Published