 | New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 822 pages
...set-off as distinguished from the set-off at law, but it will be found that this equitable set-off exists in cases where the party seeking the benefit...for being protected against his adversary's demand. It was said that the subjects of the suit in this court and of the action at law arise out of the same... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1880 - 942 pages
...unless it has been distinctly prayed by the bill. The second point was, that equitable set-off exists where the party seeking the benefit of it can show...for being protected against his adversary's demand. The appellant shows the non-residence and insolvency of respondent Bell. Hewitt v. KM, 10 C. K Gr.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1922 - 836 pages
...quoting from 2 Story's Eq. Juris, § 1436 : " 'A set-off is ordinarily allowed in equity only when the party seeking the benefit of it can show some...for being protected against his adversary's demand.' "When the party has a plain redress at law, not merely by pleading but by an original suit, a court... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - Common law - 1854 - 380 pages
...set-off, as distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit...for being protected against his adversary's demand. The mere existence of cross demands is not sufficient * * *. In all the cases, except Williams v. Davies(x),... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...to justify a set-off ; a set-off is generally allowed in equity, only when the party setting it up can show some equitable ground for being protected against his adversary's demand : (Rawson v. Samuel, 1 Craig & Phil. 161 ; White v. O'Brien, 1 Sim. & Stu. 551.) "Where, however, there... | |
 | Law reports, digests, etc - 1856 - 734 pages
...equitable set-off, as distinguished from the set-off at law ; but it will be found that this set-off exists in cases where the party seeking the benefit...for being protected against his adversary's demand. The mere existence of cross demands is not sufficient, Whyte v. O'Brien ; although it is difficult... | |
 | Thomas Whitney Waterman - Set-off and counterclaim - 1869 - 800 pages
...equitable set-off, as distinguished from set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit...for being protected against his adversary's demand." § 376. In deducing general principles from the English cases relative to set-off in equity, the Supreme... | |
 | Joseph Story - Equity - 1870 - 914 pages
...distinguished from the set-off at law ; but it will be found, that this equitable set-off exists in eases where the party seeking the benefit of it can show...for being protected against his adversary's demand. The mere existence of cross-demands is not sufficient; Whyte v. O'Brien (1 S. & S. 551) ; although... | |
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We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show some equitable ground for being protected against... 
