...fuch fet off, he muft pay the balance into court. Statutes 2 George II. c. 22. and 8 George II. c. 24. enacts, " That " where there are mutual debts between the plaintiff "' and defendant, one debt may fa fet againft the other t D 3 " and " and either pleaded in lar, or given in evidence upon " the gene...

...civil law *, [ 305 and depends on the ftatutes 2 Geo. II. c. 22. and 8 Geo. II. c. 24. which enacl, that, where there are mutual debts between the plaintiff and defendant, one debt may be fet againft the other, and either pleaded. in bar, or given in evidence upon the general iffue at the...

...Cases arising under the statutes of set-off in England are analogous. The statute of 2 Geo. 2. c. 22. enacts that where there are mutual debts between the...defendant, one debt may be set against the other; and the established construction of that term should govern the construction of an act of Assembly...

...words of our law, are more comprehensive than those of the English. The British statutes enact, «« that where there are mutual debts between the plaintiff and defendant, one debt may be set-off against another." Our act of assembly provides, «' that if two or more dealing together, be...

...general issue in this action. Touching this plea, it was first given by stat. 2 G. 2. c. 22. which enacts, That where there are mutual debts between the plaintiff and defendant, or if either party sue or are sued as executors or administrators, where there are mutual debts between...

...the [ 305 civil law y, and depends on the statutes 2Geo. II. c.22. and 8Geo. II. c.24. which enact, that where there are mutual debts between the plaintiff...defendant, one debt may be set against the other, and either pleaded in bar or given in evidence upon the general issue at the trial ; which shaU-,;...

...ALDERSON, B.—I think it is better to adhere to the latest authority. The words of the act are (a) " Where there are mutual debts between the plaintiff and defendant, one debt may be set off against another, and such matter given in evidence under the general issue, or pleaded in bar;...

...better to adhere to the latest DUNCAN authority. The words of the act are(o) "Wherethere ORANT. «• are mutual debts between the plaintiff and defendant, one debt may be set off against another, and such matter given in evidence under the general issue, or pleaded in bar;...

...is not within them. PARKE J. This case must be governed by the statute 2 G. 2. c. 22. s. 13., which enacts, "that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between...

...allow debts in certain cases to be set off, the statutes of Geo. 1. were passed. The first of these enacts, "that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between...