6 N.H. 27 | Superior Court of New Hampshire | 1832
delivered the opinion of the court.
It has not yet been settled in this state, when a note has been endorsed and actually negotiated after it has been discredited, whether a set-off of demands, in favor of the maker against the endorser, is admissable in a suit brought in the name of the endorsee. The statute provides for a set-off “ where there are mutual debts or demands between the plaintiff and defendant.” It has
But it is not necessary to settle this question, at this time, for this set-off is clearly inadmissible on another ground. It is a claim of only one of these defendants against the endorser, and, on that account cannot be received.
7 B. & C. 217, Junes v. Fleeming; 11 Mass. Rep. 140, Walker v. Leighton. 6 Cowen, 261, Wolfe v. Washburn; Montague, 23; 11 Johns. 70, Sherman v. Crosby.
Perhaps, if it had appeared that Farrar was only a surety, the rule to be applied might be different. 4 Bingham, 423, Bourne v. Bannett.
Judgment on me tend¡rt