Legal Opinion

Shipp v. Davis

Supreme Court of Georgia

Decided February 1, 1887PublishedCited by 9 opinions

Witness. Evidence. Debtor and Creditor. Set-off. Statute of Limitations. Before Judge Willis. Chattahoochee Superior.Court. March Term, 1886. B. F. Davis brought assumpsit against W. W. Shipp, as surviving partner of the firm of Shipp & McLester, based in part on a note and in part on an account.

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Witness. Evidence. Debtor and Creditor. Set-off. Statute of Limitations. Before Judge Willis. Chattahoochee Superior.Court. March Term, 1886. B. F. Davis brought assumpsit against W. W. Shipp, as surviving partner of the firm of Shipp & McLester, based in part on a note and in part on an account. The defendant pleaded the general issue; the four years statute of limitations, barring accounts; non esP factum as to the note; that the note was made by McLester without the knowledge or consent of defendant, without consideration and as a mere accommodation; set-off of a note for $700; and…

1Opinion of the Court

Bleckley, Chief Justice.

This case was here on a former writ of error in 69 Ga. 297. The note declared upon and the one pleaded as a set-off were precisely alike, except as to the makers and the payees, respectively. The former note was made by Shipp & McLester, payable to Davis, or bearer; the latter by Davis to Shipp & McLester, or bearer. They bore the same date, which was in August, 1874, and each of them was due on the first of November thereafter. The record shows that Davis was a merchant, and that this firm was *203his customer on a running account, consisting of many items, and amounting,…

2Cases cited3 opinions

  1. Elkins v. EdwardsSupreme Court of Georgia · 1850
  2. Hall's Self-Feeding Cotton Gin Co. v. BlackSupreme Court of Georgia · 1883
  3. Shipp v. DavisSupreme Court of Georgia · 1882

3Cited by9 opinions

  1. Smaha v. GeorgeSupreme Court of Georgia · 1943
  2. Conway v. CaswellSupreme Court of Georgia · 1904
  3. Harris v. BlackSupreme Court of Georgia · 1915
  4. Poteet v. ImbodenWest Virginia Supreme Court · 1916
  5. Ainsworth v. RoubalNebraska Supreme Court · 1905

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