Nabney v Belfast Co-operative Society Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1933
Date01 January 1933
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.],
Nabney
and
Belfast Co-operative Society, Ltd.

Action one of account -Defence pleaded as both set-off and counterclaim "Events" - Costs on counterclaim - Costs following event - Judicature (Ir.) Act, 1877, s. 53.

Where the defendants in an action of account pleaded their defence both by way of set-off and counterclaim, the Court is justified, when the plaintiff establishes his claim, in treating the defendant's claim as a set-off.

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