Legal Opinion

Harwood v. Andrews

Supreme Court of Georgia

Decided October 16, 1883PublishedCited by 6 opinions

Set-off. ’ Equity. Husband and Wife. Executor de son tort. Insolvency. Before Judge Simmons. Crawford Superior Court. March Term, 1883. Reported in the decision.

1Opinion of the Court

Jackson, Chief Justice.

The question made in this record is, whether the wife of a decedent, having sued the defendant—the plaintiff in error here—on a promissory note to her individually, the defendant can set off a claim for medical services due him by the husband, where the wife has sold all the personalty of the husband, and has thus become his executor de so?i tort, and is the sole heir of the husband, and has no property of her own which can be reached %

*785The case was tried before the judge of the superior court as judge and jury, and a judgment was rendered for the plaintiff, and…

2Cases cited1 opinion

  1. Lee v. LeeSupreme Court of Georgia · 1860

3Cited by6 opinions

  1. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  2. Bibb Land-Lumber Co. v. Lima Machine WorksSupreme Court of Georgia · 1898
  3. Schneider v. SmithSupreme Court of Georgia · 1940
  4. Crandall v. ShepardSupreme Court of Georgia · 1928
  5. Dalton v. Sturdivant BankMissouri Court of Appeals · 1934

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