
    Downer v. Eggleston, 15 Wend. 51.
    Not reported in S. Ct.
    
      Set- Off.
    
    In this case, the Court of Errors held, that a bond debt may be set off against any demand recoverable under the money counts ; or for which an indebitatus assumpsit will lie. The Supreme Court had decided against the set-off.
    The Court of Errors also held, that a plaintiff cannot by declaring specially where he may recover his demand under a general count, deprive the defendant of his set-off.
    The court also held, that a defendant has a right to insist upon a set-off, although he has positively agreed to account for or pay over to the plaintiff, moneys which the plaintiff authorized him to receive as his agent.
    
   Judgment of the Supreme Court, denying the set-off, reversed.  