Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Articles

Litigation

Trials

1921

Articles 1 - 1 of 1

Full-Text Articles in Law

Bringing Third Parties Into Actions At Law—Set-Off Against The Assignor, Edson R. Sunderland Jan 1921

Bringing Third Parties Into Actions At Law—Set-Off Against The Assignor, Edson R. Sunderland

Articles

It frequently happens, in an action by an assignee, that the defendant wishes to use as a cross-action a claim against the assignor. This results in no diffiulty unless the amount of the set-off against the assignor is greater than the claim of the plaintiff, or unless the cross-action calls for a specific remedy against the assigner in addition to its defensive effect upon the plaintiff's demand. In each of these cases we have a three-sided controversy. In the first, the set-off operates against the plaintiff to the extent of his claim and against the assignor for the balance ...