...Brook, " where," says Ashhurst, J.: "the court suffered the defendant to set off a debt due from Mrs. C. in the same manner as if the action had been brought by her." But, in a case decided as early as 1812, the King's Bench refused to act upon these cases, where...

...intestates, "and belonging to the defendant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the naine of the deceased." Section 4260, Rev. St. This statute goes to the rights of the parties,...

...demand against his intestate, which at the time of his death belonged to the defendant, may be set off in the same manner as if the action had been brought by the deceased. The fact that the debt sought to be set off is not due, does not affect the right of set-off,...

...and owing to the defendant at the time of the death of the intestate may be setoff by the defendant in the same manner as if the action had been brought by and in the name of the deceased." Kirby's Digest, § 6102. It is plain from the language of this section...

...belonged to the defendant at the time of his death, and by the terms of the statute they " may be set off in the same manner as if the action had been brought by the deceased." It is contended on this language that the action could not have been brought by the deceased...

...testators, etc., and belonging to the defendant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased." The caee of Patterson v. Patterson, 59 NY 574, 17 Am. Eep. 384, does...

...Bottomley r. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancellor in the same manner as if the action had been brought by her. The only difference between that case and this is, that there the plaintiff himself was not originally...

...Bottomley r. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancellor in the same manner as if the action had been brought by her. The only difference between that case and this is, that there the plaintiff himself was not originally...

...section 12, providing that in an action by an administrator a demand against his intestate may be set off in the same manner as if the action had been brought by the deceased, demands against an insured, belonging to insurer at the time of the insured's death, must...

...by the Court of Appeals that the facts constituting the cause of action must be set forth precisely in the same manner as if the action had been brought by the corporation itself. Kavanaugh v. Commonwealth Trust Co., 181 NY 121, 73 NE 562; O'Connor v. Virginia...