King v. Fowler
Cases that cite this one
12 later published cases cite this decision.
- Vallancey v. Hunt (N.D. 1910)
- Associates Discount Corp. v. Maragioglio (Mass. Dist. Ct., App. Div. 1942)
- E. V. Harman & Co. v. William Filene's Sons Co. (Mass. 1919)
- Gregory v. Pike (Me. 1900)
- Blue Valley Lumber Co. v. Abner Conro & Son (Neb. 1900)
- Thompson v. Emery (Superior Court of New Hampshire 1853)
- Newmarket Iron Foundry v. Harvey (Superior Court of New Hampshire 1851)
- Keyes v. Waters (Vt. 1846)
- Albee v. Little (Superior Court of New Hampshire 1830)
- Greene v. Darling (U.S. Circuit Court for the District of Rhode Island 1828)
- Merrill v. Merrill (Me. 1825)
- Andrews v. Beecker (New York Supreme Court 1800)
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
The set-off claimed by Fowler cannot be allowed; for it would be manifestly unjust. The assignment by King to Ives was for a valuable consideration ; and Fowler having had notice that it was about to be made, should have given notice of his counter demand against King, in season to prevent Ives from giving up his remedy upon execution. Instead of which he was silent not only then, but on the day when the assignment was made, having had previous notice for a week. Further, after formal notice that the assignment was actually made, he does not object, but conceals his intention, until a suit is commenced against him and the other defendants by Ivts. This conduct must be considered in equity, as a waiver of any right to set off, and an acquiescence in the. assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.