Winchester v. Hackley
6 U.S. 342

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U.S. Supreme Court

Winchester v. Hackley, 6 U.S. 2 Cranch 342 342 (1804)

Winchester v. Hackley

6 U.S. (2 Cranch) 342

ERROR TO THE CIRCUIT COURT

OF THE VIRGINIA DISTRICT

Syllabus

A creditor upon an open account who has assigned his claims to a third person with the assent of the debtor is still competent to maintain an action at law in his own name against the debtor for the use of his assignee, but the debtor is still allowed to offset his claims against the assignee.

The defendant cannot offset a claim for bad debts, made by the misconduct of the plaintiff in selling the defendant's goods as factor, the plaintiff not having guaranteed those debts. But such misconduct is properly to be inquired into in a suit for that purpose.

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