Hazlehurst v. Bayard

Yeates, J. delivered the opinion of the court. Circumstanced as this case is, we can know no other parties in this suit, than those mentioned in the record. Olmstead intrusted Darrah to [153] make the insurance, and has permitted the suit for the defendant’s whole subscription to proceed to judgment, without a claim on his part. It is perfectly well settled, that judgments may be set off against each other, (3 Wils. 396, 2 Bl. Rep. 669,) and we can see no reason why a defalcation should not take place in the present instance. The decision of the Chief Justice must be confirmed.