Kent v. Rogers
Kent v. Rogers & Dillon
Headnotes
Summary
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Opinion of the Court
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Scott, Judge,
delivered the opinion of the court.
The only point in this case is, whether a set-off of a debt due Dillon, one of two joint defendants, can be pleaded against the demand of the plaintiff. The case of Austin v. Feland, 8 Mo. 309 , was decided on the authority of Whaley & Blackwell v. Cope, 4 Mo. 283 . The case of Austin v. Feland, in its circumstances, is exactly like that now under consideration. The justice and great convenience of allowing a set-off under the circumstances are apparent, and the course is sanctioned by the authority of respectable courts. The case of Finney v. Turner, 10 Mo. 208 , does not profess to overrule that of Austin v. Feland, the justice of which commends itself to the sense of every one. If Dillon, the defendant, will use a debt due him individually as a set- off to a demand for which another is jointly liable with him, is any one affected but himself ?
We do not see that the case of the State v. Modrell, 15 Mo. 42 , has any bearing on that now under consideration.
Judge Ryland concurring,
the judgment will be reversed, and the cause remanded.
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