Ely v. Cook ( 1863 )

Ehott, J.,

concurred in the opinion of Davies, J., as to the right of set-off, but not as to plaintiff’s right to have judgmeat against Cook, for the incidental relief against the discharge, having failed in the main relief of set-off.

The other judges concurred in the opinion of Davies, J.

Judgment reversed, and judgment of special term affirmed, with costs to appellant against the defendant Cook, and with costs to the respondent Sherwood, against the appellant.