Evans v. Collier
Supreme Court of Georgia
Actions. Pleadings. Charge of Court. Payment. Contracts. Judgments. Minors. Presumptions. Before Judge Van Epps. City Court of Atlanta. June Term, 1887. The following is added in connection with the report contained in the decision.
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Actions. Pleadings. Charge of Court. Payment. Contracts. Judgments. Minors. Presumptions. Before Judge Van Epps. City Court of Atlanta. June Term, 1887. The following is added in connection with the report contained in the decision. The second and third pleas mentioned were in these words: 2. “Defendant says that if he was ever so indebted to plaintiff for the cause of action mentioned in his said declaration, or any part thereof, he paid off and settled the same, and more than paid the same, month by month, in board and clothing and other necessaries and sums of money furnished to the said…
1Opinion of the Court
Blandford, Justice.
Joseph Evans brought his action upon an account against George W. Collier, for work and labor done from the first of January, 1879, to the first of January, 1884, at $20 per month, $ 1,200. To this action the defendant filed three *321pleas: (1) the general issue; (2) a plea which he called a plea of payment; and (3) a plea of accord and satisfaction. Upon the trial of the case, the jury found for the defendant on the two first pleas, thereby finding for the plaintiff on the third plea. A motion for a new trial was made by the plaintiff on several grounds.
1. The first special…
2Cases cited1 opinion
- Macon & Augusta Railroad v. GarrardSupreme Court of Georgia · 1875
3Cited by16 opinions
- Broxton v. NelsonSupreme Court of Georgia · 1898
- Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Brinsfield v. RobbinsSupreme Court of Georgia · 1936
- Jones v. SchacterCourt of Appeals of Georgia · 1922
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