A Treatise On the Mechanics' Lien Laws of the State of New-York : Embracing the General Act for Cities And Villages And the Special Acts for the Counties of New-York, Kings, Richmond, Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niaga

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Moore, the opinion expressed referred to a set-off exist- ing before the passage of the law ; and in Allan vs. Gar- man, id., 693, the decision was simply that the crediting the contractor the amount of his debt before the lien was filed, "was equivalent to a payment." If we turn to the decisions under the former law, we find that this precise question has been before the courts, but that it has been left in doubt. The supreme court, in Minor vs. Hoyt, 4 Hill, 193, held that a prior debt was a
...good set-off, as against a sub-contractor, even where it had not been agreed that it should be taken as a payment upon the contract ; and per Cowen, J., " we are also of the opinion that the sum due for money lent from D. Hoyt, the contractor, to the defendant below, was improperly excluded. The assignee of a demand, takes subject to every equitable defence existing against it while in the hands of the assignor." * * * " A proceeding under the statute certainly confers upon the mechanic or material man no greater rights than those of an absolute assignee." THE NEW-YORK LIEN LAW.

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