Narrative Opinion Summary
A cause of action ex delicto generally cannot be set off against an action ex contractu, with exceptions only for equitable principles like insolvency or nonresidence of the plaintiff. In this case, involving an ex contractu action by a chattel mortgagee seeking a deficiency judgment after the unresisted foreclosure of a bill of sale, the defendants claimed inadequacy of the sale price due to the sheriff commencing the judicial sale prematurely, allegedly to defraud them. Their defense attempted to set off this ex delicto claim of fraud against the ex contractu action. However, since no equitable principle was present to justify this set-off, the court upheld the renewed general demurrer to the defendants' answer and granted a default judgment in favor of the mortgagee. The court's judgments were affirmed.
Legal Issues Addressed
Affirmation of Default Judgmentsubscribe to see similar legal issues
Application: The court affirmed the default judgment in favor of the mortgagee, rejecting the defendants' attempt to assert an ex delicto claim in their defense.
Reasoning: The court's judgments were affirmed.
Deficiency Judgment in Chattel Mortgage Foreclosuresubscribe to see similar legal issues
Application: In an ex contractu action by a chattel mortgagee for a deficiency judgment following foreclosure, the court found no grounds for defendants to set off a claim of fraud.
Reasoning: In this case, involving an ex contractu action by a chattel mortgagee seeking a deficiency judgment after the unresisted foreclosure of a bill of sale, the defendants claimed inadequacy of the sale price due to the sheriff commencing the judicial sale prematurely, allegedly to defraud them.
Equitable Principles Justifying Set-offsubscribe to see similar legal issues
Application: The court found no equitable principles such as fraud, insolvency, or nonresidence that would justify setting off the defendants' ex delicto claim against the ex contractu action.
Reasoning: However, since no equitable principle was present to justify this set-off, the court upheld the renewed general demurrer to the defendants' answer and granted a default judgment in favor of the mortgagee.
Set-off in Actions Ex Contractu and Ex Delictosubscribe to see similar legal issues
Application: The court determined that a cause of action ex delicto cannot be set off against an action ex contractu unless equitable principles, such as insolvency or nonresidence of the plaintiff, are present.
Reasoning: A cause of action ex delicto generally cannot be set off against an action ex contractu, with exceptions only for equitable principles like insolvency or nonresidence of the plaintiff.