
    Gust Peretes, Defendant in Error, v. John Tompary and Peter Tompary, Plaintiffs in Error.
    Gen. No. 18,127.
    (Not to be reported in full.)
    Error to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.
    Reversed and remanded with directions.
    Opinion filed October 15, 1913.
    
      Abstract of the Decision.
    1. Set-off and becotjpment, § 13
      
      —when mutuality is essential. A debt due from a copartnership of two or three members sued jointly cannot be offset by a debt due from a plaintiff to one of such firm.
    2. Judgments, § 63*—when set aside. Denial of motion to open a judgment by confession, held erroneous where an affidavit of defendant disclosed a good defense and the right to set-off.
    Statement of the Case.
    Action by Gust Peretes against John Tompary and Peter Tompary. On denial of a motion by defendants to open up a judgment by confession, such defendants bring error.
    Caswell & Healy, for plaintiffs in error.
    No appearance for defendant in error.
    
      
      See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.
    
   Mr. Justice Duncan

delivered the opinion of the court.  