Wakeman v. Vanderbilt , 3 Cal. 380 ( 1853 )

Heydenfeldt, Justice,

delivered the opinion of the court.

The decision of the court below was correct.

No right of action can accrue to the defendant against the plaintiff, on the draft in favor of Bade, White & Co., until the defendant has paid it; and certainly if there is no right of action, there is no right of set-off.

Judgment affirmed.