410

Case No. 17,262.

WATERS v. BUSSARD et al.

[2 Cranch, C. C. 226.]1

Circuit Court, District of Columbia.

April Term, 1821.

SET OFF—DEBT DUE ONE DEFENDANT.

A debt due by the plaintiff to one of two joint defendants, cannot be set off against the joint debt to the plaintiff.

Debt upon a sealed bill. Plea, payment, and an account in bar.

The defendants [J. R. Bussard and Daniel Bussard] offered to set off an account of J. R. Bussard against the plaintiff for medical services.

Mr. Caldwell, for plaintiff.

H. H. Chapman, for defendants.

THE COURT (CRANCH, Chief Judge, doubting) refused to allow the account to be given in evidence.

1 [Reported by Hon. William Cranch, Chief Judge.]

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