Park v. Carmichael
Court of Appeals of Georgia
Complaint; from city court of Blakely—Judge Sheffield. August 1, 1916.
1Opinion of the CourtBboyles, P. J.
1. Recoupment may be pleaded in all actions ex contractu, where for any reason the plaintiff under the same contract is in good conscience liable to the defendant. Civil Code of 1910, § 4353. (a) A city court has jurisdiction to entertain a plea of recoupment and to give judgment for the excess. Norton v. Graham, 130 Ga. 391 (60 S. E. 1049).
2. Where an action is brought to enforce the payment of a debt for which collateral security has been given, it is incumbent upon the plaintiff to ■produce and restore the collateral security, or to account satisfactorily for its non-production. Turner v.…
2Cases cited9 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- House v. OliverSupreme Court of Georgia · 1905
- Sanderlin v. WillisSupreme Court of Georgia · 1894
- State v. BrobstonSupreme Court of Georgia · 1894
- Norton v. GrahamSupreme Court of Georgia · 1908
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3Cited by6 opinions
- Park v. SwannCourt of Appeals of Georgia · 1917
- Fuller v. CokerCourt of Appeals of Georgia · 1919
- Southern Exchange Bank v. LangstonCourt of Appeals of Georgia · 1925
- Daniel v. NixonCourt of Appeals of Georgia · 1919
- Fuller v. CokerCourt of Appeals of Georgia · 1919
1 more not listed; retrieve them via the Exa API.