Armstrong v. Caesar
Cases that cite this one
3 later published cases cite this decision.
- Paxton v. Vincennes Manufacturing Co. (Ind. Ct. App. 1898)
- Huffman v. Wyrick (Ind. Ct. App. 1892)
- Warring v. Hill (Ind. 1883)
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
— Suit on an account. The appellant Felix answered , claiming a set-off of an account against the appellee, which had been assigned to said appellant by Ari Armstrong, who ivas made a party to answer as to his interest. Reply, general denial, and six years’ statute of limitations.
“5. So, in this case, you will determine how much, if any, of defendant’s claim accrued within six years prior to September 22d, 1877, when it was set up in this case as a set-off. That is, you may go back six years from the time the account was offered as a set-off here, and any item that the defendant has established to your satisfaction within this six years, he is entitled to a finding for,” etc.
This is palpably erroneous. By section 214 of the code, “A party to any action may plead or reply a set-off or payment to the amount of any cause of action or defence, notwithstanding such set-off or payment is barred by the statute.” We can not declare the rule more plainly or more authoritatively.
Judgment reversed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.