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A Summary of the Law of Set-Off: With an Appendix of Cases Argued and Determined in the Courts of Law and Equity Upon That Subject (Classic Reprint) - Couverture souple

Basil Montagu

 
9781331175049: A Summary of the Law of Set-Off: With an Appendix of Cases Argued and Determined in the Courts of Law and Equity Upon That Subject (Classic Reprint)

Synopsis

Excerpt from A Summary of the Law of Set-Off



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Connected accounts. Cl f. They aie the subjects of Set-off. 2 Unconnected accounts. ! I. At Common Law. 5 II. M.dei of set-off. 3 J, LH. By Statute, lI.I n Equity.61 c. I. In General. 15 (T he figures refer to tlie page in tlie Summary. T. Requisites to enable i give a sct-ofi in cvi Utcc. II, Of a persons option to ri. The demand of each party fI. The demand of the plaintiff. 18 fI. There must be mutual debts. 17 kmus.t be a dc Oc.lXH a person to I (II. The demand of the defendant. ience-L i? 11. The debt of each party must be due nghfy except in the case of and A dmii istrators, when be due bt-twecn the testator or intestate and the other purty. 22 II. The debt must be due at tlie cncement of the a .C35 ivail iiimselfof his right 1III. Of tlie plea higs and of the fl. Of the defendants optioi mode of setting-ofidebts. 39 notice ;and wliich mode is to be prtfcrred. 40 l-off. 37 20 I. Joint and several debts. 23 II. Trustees. 27 III. Principal and A gent. 29 IV. Husband and Wife. 33 V. Executor and A dministrator. 34 IV. The Judgment.45 II. Of the nature of the notici and of die pltadints. 41 ;. The Notice. 41 The Pleadings. 42 II. In particular Cases. 46 I. The Plea. 42 II. The Replicatiol fI. By the particular Statute in fI. Requisites for a balance fl. Mutual debts oi ri. In Bankruptcy. 46 -tnecaseof bankruptcy. 46 Jof accounts. 47 44 credits. 47 fl. The demand on either be a debt or a credit. side must 47 II. The debt must be due or TI. It i tilt credit exist b Llwecll tlie jpanics before the bankmpl- II. The demand must be due to the bankrupt and to the crtditor ill their own rights respectively. 47 St exist bffire the bankml My. 52 II. Modes of h.II. By the general Statutes of Set-off. 58 Lcy.52 :ing the accounts. 56 11. It must exist betwent the tarries before Lthe bankruptcy. 55 ll. In
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