Burbank v. Willoughby

It is possible, that the matter of the set-off might have been given in evidence in this case as a payment on the general issue. But the defendant chose to rely upon it as a set-off, and we think be is not now to be h-essd when he attempts to treat it as a payment, in order to limit the costs. The rule, that when the damages are reduced by a set-off, the plaintiff shall have full costs, applies to this case. It has been so decided for-mferly. i Full costs allowed.