Talbot v Frere: CA 1878

Sir George Jessel MR said: ‘there could not be a set-off until action brought and set-off pleaded.’

Judges:

Sir George Jessel MR

Citations:

(1878) 9 ChD 568

Statutes:

Insolvent Debtors Relief Act 1729 13

Cited by:

CitedAectra Refining and Marketing Inc v Exmar NN CA 15-Aug-1994
A time loss claim can found a legal set-off claim against ship owners, provided that the loss claim can be made in the same court. The court referred to a ‘transaction set-off and independent set-off’. Cross-claims must both be due and payable, and . .
CitedFuller v Happy Shopper Markets Ltd and Another ChD 6-Mar-2001
A tenant complained to the landlord about his failure to repair. He ceased paying rent, and the landlord eventually distrained for rent by direct action.
Held: The tenant was unable to claim a legal set-off because there was no context of . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 06 May 2022; Ref: scu.416724