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