Woolfolk v. I. C. Plant & Son
Supreme Court of Georgia
Principal and surety. Usury. Set-off. Indulgence. Accommodation drawer. Before. Judge Cole. Bibb Superior Court. October Adjourned Term, 1871. I. C. Plant & Son brought complaint against R. F' Woolfolk on the following draft: “$1,841 71. Macon, Ga, November 21st, 1868. “ Marks and numbers,” Without grace, fifteen days after J. J. B. 4 to 6 date, pay to the order of I. C. Plant C. W. 2 to 3 & Son, eighteen hundred and forty- J. & H. 21 to 24 one dollars and seventy-one cents,…
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Principal and surety. Usury. Set-off. Indulgence. Accommodation drawer. Before. Judge Cole. Bibb Superior Court. October Adjourned Term, 1871. I. C. Plant & Son brought complaint against R. F' Woolfolk on the following draft: “$1,841 71. Macon, Ga, November 21st, 1868. “ Marks and numbers,” Without grace, fifteen days after J. J. B. 4 to 6 date, pay to the order of I. C. Plant C. W. 2 to 3 & Son, eighteen hundred and forty- J. & H. 21 to 24 one dollars and seventy-one cents, J. A. E. 23 to 27 for value received, being an advance W.S.K. 16 to 20 on twenty bags of cotton, marked and numbered as…
1Opinion of the Court
Montgomery, Judge.
If ordinarily a surety is entitled, when sued on the debt upon which he is surety, to set-off usury paid by his principal to the creditor on contracts other than the one sued on, (as to which see Whitehead vs. Peck, 1 Kelly, 140; Mordecai vs. Stewart, 37 Georgia, 364,) he certainly is not entitled to do so after his principal has been adjudged a bankrupt. The fourteenth section of the Bankrupt Act provides that “all debts due the bankrupt * * * shall, in virtue of the adjucation of bankruptcy and the appointment of his assignee, be at once vested in such assignee.”
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2Cited by8 opinions
- Snyder v. Middle States Loan, Building & Construction Co.West Virginia Supreme Court · 1902
- Bunn v. Commercial BankSupreme Court of Georgia · 1896
- Luden v. Enterprise Lumber Co.Supreme Court of Georgia · 1916
- Autry v. PalmourCourt of Appeals of Georgia · 1971
- Clark v. GerstleyCourt of Appeals for the D.C. Circuit · 1905
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