Ray v. Dennis
Supreme Court of Georgia
Assumpsit, tried before Judge Floyd, in Crawford Superior Court, February Term, 1848. The action was brought in the Court below, upon five several promissory notes, made by the defendant to the plaintiff’s intestate in his life-time, three of them payable to said intestate, and the others payable to others.
Read the full summary
Assumpsit, tried before Judge Floyd, in Crawford Superior Court, February Term, 1848. The action was brought in the Court below, upon five several promissory notes, made by the defendant to the plaintiff’s intestate in his life-time, three of them payable to said intestate, and the others payable to others. To this action the defendant pleaded, as a set-off, a judgment, recovered by one Richard Harvey, against said intestate as principal, and the defendant as his security, and which had been paid off by the defendant; and he claimed to control the same under the Statute of this State, in such…
1Opinion of the Court
By the Court
Warner, J.
delivering the opinion.
fl.] The motion to strike out the plea of the defendant, on the ground that no plea of set-off lies to an action by an executor, •or administrator, we think was properly overruled by the Court below.
The argument for the plaintiff in error, assumes that if the plea of set-off shall be allowed, it defeats the provisions-of the Statute, directing the order in which the debts of deceased persons are to be paid, by their personal representatives. If the intestate was indebted to the defendant In his lifetime, in an equal or greater amount than the debt…
2Cited by12 opinions
- State v. BrobstonSupreme Court of Georgia · 1894
- Boyden v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1891
- Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
- Nixon v. NixonSupreme Court of Georgia · 1942
- Nixon v. NixonSupreme Court of Georgia · 1944
7 more not listed; retrieve them via the Exa API.