Beaver v. Akins

Townsend, Judge.

1. This case will be controlled by a determination of whether the plea of res judicata filed by Beaver to Akins’ suit on open account against him in Bulloch Superior Court in the sum of $300.14 was a good plea. The documentary evidence and testimony of both parties demands a finding that in the previous litigation Beaver had sued Akins for $4,000 on a note; that Akins pleaded payment in full by payment of $2,950 which was usuriously credited to interest and a credit of $1,050 out of $1,350.14 owing to him by Beaver on an open account. The present litigation is for the…