mutuality of parties and demands
- mutuality of parties and demands
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A matter of demands between the same parties in the same capacity at the same time and mutuality as to the quality of the right. 20 Am J2d Countcl § 74.
The setoff or counterclaim must be such a demand that defendant, in his own name, or in the names of defendants sued, without bringing in the name of a stranger to the suit, may maintain an action upon it against a party, or all parties suing, as the case may be. Less than that is not mutuality. 20 Am J2d Countcl § 74.
Two persons are said to be mutually indebted when each of them owes a debt to the other. The debts may be simple contract, covenant or judgment,–but the demands must come under the classification of debts. A demand of damages for a tort is not a debt. Caldwell v Ryan, 210 Mo 17, 108 SW 533.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
mutuality of demands — See mutual credits; mutual demands; mutuality of parties and demands … Ballentine's law dictionary
reciprocal demands — Demands between two persons, one against the other arid the other against the one, as in mutual accounts. 1 Am J2d Acctg § 5. See mutuality of parties and demands … Ballentine's law dictionary
mutual demands — Reciprocal demands existing between the same persons at the same time. 20 Am J2d Countcl § 74. See mutual credit; mutuality of parties and demands … Ballentine's law dictionary
same parties — See mutuality of parties and demands … Ballentine's law dictionary
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mutually indebted — See mutual credits; mutual demands; mutuality of parties and demands … Ballentine's law dictionary
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