Legal Term Dictionary

In practice. Defalcation or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it Tomlins. Recoupment ia a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has More...

In practice. Defalcation or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it Tomlins. Recoupment ia a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract. Code Ga. 1882, ? 2900. It Is keeping back something which is due because there is an equitable reason to withhold it; and is now uniformly applied where a man brings an action for breach of a contract between him and the defendant; and where the latter can show that some stipulation in the same contract was made by the plaintiff, which he has violated, the defendant may, if he choose, instead of suing in his turn, recoups his damages arising from the breach committed by the plaintiff, whether they be liquidated or not Ives v. Van Eppes, 22 Wend. (N. Y.) 156. And see Barber v. Cbapin, 28 Vt. 413; Lew-ton v. Ricketts, 104 Ala. 430, 16 South. 59; Aultman v. Torrey. 55 Minn. 492, 57 N. W. 211; Dietrich v. Ely, 63 Fed. 413, 11 C. C. A. 266; The Wellsville v. Geissie, 3 Ohio St. 341; Nichols v. Dusenbury, 2 N. Y. 286; Myers v. Estell, 47 M$ss. 23. In speaking of matters to be shown in defense, the term "recoupment" is'often used as synonymous with "reduction." The term is of French origin, and signifies cutting again, or cutting back, and, as a defense, means the cutting back on the plaintiffs claim by the defendant Like reduction, it is of necessity limited to the amount of the plaintiff's claim. It is properly applicable to a case where the same contract imposes mutual duties and obligations on the two parties, and one seeks a remedy for the breach of duty by the second, and the second meets the demand by a claim for the breach of duty by the first. Davenport v. Hubbard, 46 Vt. 207, 14 Am. Rep. 620. "Recoupment" differs from "set-off" In this respect: that any claim or demand the defendant may have against the plaintiff may be used as a set-off, while it la not a subject for recoupment unless it grows out of the very same transaction which furnishes the plaintiff's cause of action. The term la, as appears above, synonymous with "reduction;" but the latter Is not a technical term of the law; the word "defalcation," in one of Ita meanings, expresses the same idea, and la used interchangeably with recoupment. Recoupment as a remedy, corresponds to the reconvention of the civil law. Less...

The phrase "without recourse" is used in the form of making a qualified or restrictive indorsement of a bill or note. By these words the Indorser signifles that while he transfers his property In the Instrument, he does not assume the resixrosl-bility of an indorser. See Lyons v. Fitzpab-rick, 52 More...

The phrase "without recourse" is used in the form of making a qualified or restrictive indorsement of a bill or note. By these words the Indorser signifles that while he transfers his property In the Instrument, he does not assume the resixrosl-bility of an indorser. See Lyons v. Fitzpab-rick, 52 La. Ann. 697, 27 South. 111. Less...

In French law. Recapture. Emerig. Tralte des Assur. c. 12, I 23.

In French law. Recapture. Emerig. Tralte des Assur. c. 12, I 23. Less...

In old conveyancing. The party who suffered a common recovery.

In old conveyancing. The party who suffered a common recovery. Less...

The demandant in a common recovery, after judgment has been given in his favor.

The demandant in a common recovery, after judgment has been given in his favor. Less...

In its most extensive sense, a recovery is the restoration or vindication of a right existing in a person, by the formal judgment or decree of a competent court at his instance and suit, or the obtaining, by such judgment, of some right or property which has been taken or More...

In its most extensive sense, a recovery is the restoration or vindication of a right existing in a person, by the formal judgment or decree of a competent court at his instance and suit, or the obtaining, by such judgment, of some right or property which has been taken or withheld from him. This is also called a "true" recovery, to distingulsh it from a "feigned" or "common" recovery. See COMMON RECOVER -Final recovery. The final judgment in an action. Also the final verdict in an action, as distinguished from the judgment entered upon it Fisk v. Gray, 100 Mass. 103; Count Joannes v. Pangborn, 6 Allen (Mass.) 243. Less...

Coward or craven. The word pronounced by a combatant in the trial by battel, when he acknowledged himself beaten. 3 Bl. Comm. 340.

Coward or craven. The word pronounced by a combatant in the trial by battel, when he acknowledged himself beaten. 3 Bl. Comm. 340. Less...

A charge made by an accused person against the accuser; in particular a counter-charge of adultery or cruelty made by one charged with the same offense in a suit for divorce, against the person who has charged him or her. Wharton. Recrimination is a showing by the defendant of any More...

A charge made by an accused person against the accuser; in particular a counter-charge of adultery or cruelty made by one charged with the same offense in a suit for divorce, against the person who has charged him or her. Wharton. Recrimination is a showing by the defendant of any cause of divorce against the plaintiff, in bar of the plaintiffs cause of divorce. Civ. Code Cal. { 122. And see Duberstein v. Duberstein, 171 111. 133, 49 N. E. 316; Bohan v. Bohan (Tex. Civ. App.) 56 S. W. 960. Less...

A newly-enlisted soldier.

A newly-enlisted soldier. Less...

In old English law. The king's right to priaage, or taking of one butt or pipe of wine before and another behind the mast as a custom for every ship laden with wines. Cowell.

In old English law. The king's right to priaage, or taking of one butt or pipe of wine before and another behind the mast as a custom for every ship laden with wines. Cowell. Less...