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Burbank v. Willoughby
5 N.H. 111
Superior Court of New Hampshir...
1829
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By the court.

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.

Case Details

Case Name: Burbank v. Willoughby
Court Name: Superior Court of New Hampshire
Date Published: Nov 15, 1829
Citation: 5 N.H. 111
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