A Treatise On The Law Of Set-Off, Recoupment, And Counter Claim

A Treatise On The Law Of Set-Off, Recoupment, And Counter Claim by Thomas Whitney Waterman. This concise legal reference surveys the law of set-off, recoupment, and counter-claims in civil pleadings, emphasizing how mutual debts are credited or offset between opposing parties, with notes on procedure, evidence, and jurisdictional differences. It defines and distinguishes set-off, recoupment, and counter-claims, discusses pleading and proof requirements, and explains how waivers, withdrawals, assignments, and fiduciary capacities affect rights. The work compares common law, equity, and statutory codes, highlighting cross-jurisdictional rules across states such as New York, Ohio, Kentucky, Indiana, Iowa, Maine, Massachusetts, and Vermont. It covers the role of executors, administrators, insolvent estates, partnerships, brokers, insurers, and government or foreign claims, and examines limitations, defenses, and practical mechanics— including costs, judgments, and cross-court transfers. Serving practitioners and students, the treatise provides a foundational, historical synthesis of offsets in civil procedure and the evolving interplay between law and equity. Read more