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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 13   View pdf image (33K)
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CASES
IT Tun:
HIGH COURT OF CHANCERY.
JOHN NICK. WATKINS I -
vs. Y DECEMBER TERM,1847.
ABRAHAM V. ZANE. )
To authorize a set-off, either at law or in equity, the debt must be mutual,
and due to and from the same persons in the aame capacity.
The complainant cannot set off a claim for professional services rendered
the defendant and another faintly, or upon their joint employment, against
a judgment at law in favor of defendant alone, against complainant and
another.
[The bill was filed, to be relieved from the payment of a
judgment in favor of A. V. Zane against the complainant, and
one Nicholas E. Watkins, upon the allegation that after the
same was rendered, the complainant had performed profes-
sional services for the defendant, and one William McNeir,
the latter's father-in-law, and who, in consideration thereof,
had promised complainant that it should be entered satisfied.
An injunction was granted, but upon the filing of the answer
of Zane, denying the allegations of the bill, it was dissolved,
and complainant paid the judgment under a ca. sa. Proof
was then taken, the nature of which appears from the opinion
of the Chancellor.]
VOL. IV.—2

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 13   View pdf image (33K)
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