baskerville v brown a verdict against the plaintiff in a prior action may be  set off against his present demand SC burr brown bring a action against  Baskerville for and obtain a verdict Baskerville have give no notice of any  setoff but Baskerville bring a cross action against brown for S which come on  to be try the same day soon after the former verdict brown have give notice of  a setoff and at the trial Morton offer to give in evidence say verdict for  which the counsel for Baskerville the then plaintiff object to verdict for  plaintiff but order of nisi prius be make to refer this question to the  opinion of the court and if the setoff be maintainable then judgement for  defendant as in case of nonsuit otherwise the postea to be deliver to  plaintiff it be argue by Norton and Yates for the plaintiff by Morton and stow  for the defendant Lord Mansfield CJ give the judgement of the whole court in  the first action it vexatious and litigious in Baskerville not to set off the  S but brown can not take Blackstone a verdict with safety for a less sum than  because then it will have appear on record that less be owe to he in the  second action now before the court we be upon full consideration all clear of  opinion that the verdict may be set off against the plaintiff demand for if at  the time of the action bring m there be mutual demand they may be set off by  the statute unless the verdict can be construe to annihilate the debt the  demand remain as well after as before the verdict the only effect of the  verdict be to make the evidence of the demand conclusive justice may be do  between the party by remit upon the first record such part of the damage as  may have be set off therefore let the present verdict be set aside with cost  of a nonsuit and a remittitur as to S be enter upon the record of the first  action n m a plea of setoff that the plaintiff be indebt to the defendant at  the time of the plea plead be bad it shall state that he be indebt at the  commencement of the action but leave be give to aniend Bvans v Prosser TR  pillon east and see by our v Randall post n so where to a declaration for work  and labour defendant plead a setoff on a promissory note and plaintiff reply  that after exhibit his bill defendant bring a action against he upon the same  note in which action be the plaintiff pay the amount of the note into court on  demurrer the court on the authority of the principal case be clear of opinion  that the replication be ill add that if the setoff be prove to the jury and  the defendant also succeed in his action on the note the plaintiff in this  action may bring a hearing complaint or have some other remedy Bvans v Prosser  TR so it be no objection to the setoff of a debt that defendant have commence  a action for the recovery of that debt before plaintiff cause of action accrue  Lord Kenyon be of opinion that these be mutual debt Knibbs v hall peak n PC  recognize in Le Brett v pa freeman v hyett post Blackstone er p