| Ind. | Nov 15, 1859
Suit by the appellees against the appellants, on a note made by the appellants to one Robert M. C. Watson, and by him endorsed to the plaintiffs.
Each of the defendants answered separately, setting up as a set-off an indebtedness due to himself from Robert M. C. Watson, accruing before the assignment of the note. Demurrer to the answer sustained, and exception. The ruling on the demurrers is the only matter complained of here.
The ruling below was right. The set-off pleaded, lacked the essential quality of mutuality. Each answer set up matters due to only one of the makers of the note, and in such case they cannot be set-off. Reed v. Coale, 4 Ind. R. 283.—Johnson v. Rent, 9 id. 252.
■ The statute authorizing the principal, in a note ma.de by a principal and surety, to set up as an offset a claim, due
The judgment is affirmed with 5 per cent, damages and costs.