Putnam's v. Clark

Ohio Supreme Court
Putnam's v. Clark, 1 Wright 595 (Ohio 1834)
1 Ohio Ch. 595
Lane

Putnam's v. Clark

Opinion of the Court

LANE, J.

An offset under our law must come in under notice, it cannot be pleaded. The statute dispensing with proof does not reach the admission of evidence under a notice, and therefore does not apply to this case. The account by the Massachusetts law is barred, and that act under the provisions of our law governs the case. These questions, when they arise under a notice, are to be determined by proof, not by plea.

Verdict and judgment for the plaintiff.

Reference

Full Case Name
PUTNAM'S v. CLARK
Status
Published