Court of Appeals of Kentucky, 1806

Hawthorn v. Roberts

Hawthorn v. Roberts
Court of Appeals of Kentucky · Decided November 1, 1806 · Cotirt
3 Ky. 70

Hawthorn v. Roberts

Opinion of the Court

By the CotiRT

-The judgment set-off having been, obtained and assigned after this suit had been commenc* ⅛ was not a niutual debt subsisting at the time the suit was brought; and according to the principle establishe4 in the case Caldwell vs. Grundy (a), was not pleadable as a set‘°^ nor should it have been permitted to be gy ven in evidence. — •—Judgment reversed.

(a) Pr. Dec. 264.

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