 | New Jersey. Court of Chancery - 1880 - 942 pages
...unless it has been distinctly prayed by the bill. The second point was, that equitable set-off exists where the party seeking the benefit of it can show...being protected against his adversary's demand. The appellant shows the non-residence and insolvency of respondent Bell. Hewitt v. KM, 10 C. K Gr. &£.... | |
 | New Jersey. Court of Chancery - 1886 - 822 pages
...distinguished from the set-off at law, but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show...for being protected against his adversary's demand. It was said that the subjects of the suit in this court and of the action at law arise out of the same... | |
 | New Jersey. Court of Chancery - 1875 - 630 pages
...9, 10. EQUITABLE OFFSET. To maintain an equitable offset, the party seeking the benefit of it must show some equitable ground for being protected against his adversary's demand. The mere existence of a counter demand is not enough, nor will the mere pendency of an account, out of which a cross demand... | |
 | 1841 - 634 pages
...The mere existence of a cross demand is not sufficient, as appears from Whyte v. O'Brien (\), though it is difficult to find any other ground for the order, in Williams v. Davies (2), as there reported. In the present case, there are not even cross demands ; and it cannot be assumed,... | |
 | Great Britain. Court of Chancery, Richard Davis Craig, Thomas Jodrell Phillips - 1842 - 428 pages
...the set-off will be enforced in equity. Clark v. Corf. Page 154 2. Equitable set-off exists in cases where the party seeking the benefit of it can show...against his adversary's demand. The mere existence of cross demands is not sufficient. Still less will the Court interfere, on the ground of equitable set-off,... | |
 | Alabama. Supreme Court - 1846 - 1104 pages
...distinguished from set off at law, but it will be found that this equitable set off exists in cases where the party seeking the benefit of it can show...for being protected against his adversary's demand. * Perhaps it will hereafter be found, if it is necessary to deduce general principles from all the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1922 - 836 pages
...quoting from 2 Story's Eq. Juris, § 1436 : " 'A set-off is ordinarily allowed in equity only when the party seeking the benefit of it can show some...for being protected against his adversary's demand.' "When the party has a plain redress at law, not merely by pleading but by an original suit, a court... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - 1854 - 380 pages
...distinguished from the set-off at law ; but it will be found that this equitable set-off exists in cases where the party seeking the benefit of it can show...against his adversary's demand. The mere existence of cross demands is not sufficient * * *. In all the cases, except Williams v. Davies(x), cited in support... | |
 | John Thompson (Barrister-at-law) - 1854 - 214 pages
...to justify a set-off ; a set-off is generally allowed in equity, only when the party setting it up can show some equitable ground for being protected against his adversary's demand : (Rawson v. Samuel, 1 Craig & Phil. 161 ; White v. O'Brien, 1 Sim. & Stu. 551.) "Where, however, there... | |
 | 1856 - 734 pages
...set-off, as distinguished from the set-off at law ; but it will be found that this set-off exists in cases where the party seeking the benefit of it can show...against his adversary's demand. The mere existence of cross demands is not sufficient, Whyte v. O'Brien ; although it is difficult to find any other ground... | |
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We speak familiarly of equitable set-off, as distinguished from the set-off at law ; but it will be found, that this equitable set-off exists in eases where the party seeking the benefit of it can show some equitable ground for being protected against... 
