Lammers v. GoodemanLammers v. Goodeman
- Reporters:
- Before:
- Scott
Lammers, on the 13th day of September, 1877, filed in the circuit court the following complaint against Goodemаn and Cravens :
“ The plaintiff complains of the defendants and says, that on the 17th day of February, 1877, in this court, the dеfendant William Goodeman recovered a judgmеnt against the plaintiff for fifty-eight dollars and seven cеnts principal, and thirty-eight dollars costs, which judgment is *77found in оrder book ‘W,’ page 275, of the records of this court, which judgment was by said Goodeman assigned to the defendant Cravens on the 3d day of April, 1877, which assignment is upon the record where said judgment is entered; that at the timе of the reucriion of said judgment, and at the time of the assignment of the same, the defendant Goodemаn was and still is indebted to this plaintiff in the sum of four hundred and eighty-sеven dollars and twenty-two cents, for goods sold and delivered by plaintiff to defendant Goodeman, monеy paid by plaintiff at his, defendant Goodeman’s, instance and request, as per bill of particulars attаched hereto, -which defendant Cravens at the time of said assignment of said judgment well knew; that, for such indebtedness, the plaintiff, on the 5th day of March, 1877, commenced an action in this court for such indebtedness, and оn the 3d day of May, 1877, said plaintiff, in said action, recovered a judgment against said Goodeman for the sum of four hundred and eighty-seven dollars and twenty-two cents, аnd-dollars costs in said suit expended, which judgment was duly rendered and given, and is noiv unsatisfied, not appealеd from, wholly unpaid and due. Wherefore said plaintiff dеmands that said judgments may be set. off against each other by crediting the amount of said judgment against the plaintiff upon the judgment in his favor, and satisfying said judgment against the рlaintiff, and for costs and general relief.”
There wаs a demurrer by both the defendants for the want of faсts. The demurrer was sustained and exception entered. Judgmentfor the defendants, and against the plaintiff, fоr costs.
The only question is whether the plaintiff was entitled to have the judgment set off under the facts stated in the complaint ?
We are of the opinion that the appellant was entitled to have the judgment sеtoff by satisfaction of the judgment *78against Mm, and by having his judgment against Go ode-man credited with the amount of Goodeman’s judgment against him. Cravens took the assignment of thе judgment from Goodeman subject to any equities against it, just as he would have taken an assignment of any othеr evidence of debt not governed by the law merсhant. Harper v. Keys, 54 Ind. 510; Eagle v. Ross, 67 Ind. 110.
The judgment is reversed, with costs ; cause remanded, with instructions to the circuit court to overrule the demurrer to the complaint, and for further proceedings in accordance with this opinion.