Threlkeld v. Dobbins
Supreme Court of Georgia
Set-off. Pleading. Before Judge Green. Spalding Superior Court. August Term, 1871. Dobbins sued T. J. Threlkeld and another upon their joint promissory note. Threlkeld pleaded that Dobbins owed him for the proceeds of certain cotton, which Dobbins had sold for him, and had not accounted for (giving dates, etc.) Further, he pleaded that Dobbins, being indebted to him for cotton, sold for him by Dobbins, they had a partial accounting and settlement thereof.
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Set-off. Pleading. Before Judge Green. Spalding Superior Court. August Term, 1871. Dobbins sued T. J. Threlkeld and another upon their joint promissory note. Threlkeld pleaded that Dobbins owed him for the proceeds of certain cotton, which Dobbins had sold for him, and had not accounted for (giving dates, etc.) Further, he pleaded that Dobbins, being indebted to him for cotton, sold for him by Dobbins, they had a partial accounting and settlement thereof. As the result thereof, Dobbins admitted that he owed Threlkeld $3,000; and, by mutual consent, said amount was then credited upon the note…
1Opinion of the Court
McCay, Judge.
1. Independently of the settled rule, under the English statutes of set-off, our Code provides that set-off must be between the same parties, and in their own right: Code, section 2850. This section of the Code, however, recognizes some special exceptions. Two are mentioned, to-wit, the case of a surviving partner, and a debt due to the principal, in a suit against the principal and security, and it also contains a general proposition, that even debts not originally mutual, may, under certain circumstances, be set-off, as if they have in any way been brought equitably within the…
2Cited by7 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- National Surety Corp. v. Algernon Blair, Inc.Court of Appeals of Georgia · 1966
- Long v. CashCourt of Appeals of Georgia · 1936
- Anderson v. First National BankCourt of Appeals of Georgia · 1918
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