Falkner v. Behr
Supreme Court of Georgia
Recoupment. ’ Evidence. Charge of Court. Onus Probandi. Witness. Before Judge Simmons. Bibb Superior Court. October Adjourned Term, 1884. To the report contained in the decision, it is necessary to add only the following: The defendant pleaded a recoupment for $994.28 for failure of the plaintiff to discharge the duties for which he was employed, viz., to keep an accurate and complete account, in the manner usually employed by merchants, of all money .paid him. during his…
Read the full summary
Recoupment. ’ Evidence. Charge of Court. Onus Probandi. Witness. Before Judge Simmons. Bibb Superior Court. October Adjourned Term, 1884. To the report contained in the decision, it is necessary to add only the following: The defendant pleaded a recoupment for $994.28 for failure of the plaintiff to discharge the duties for which he was employed, viz., to keep an accurate and complete account, in the manner usually employed by merchants, of all money .paid him. during his service on account of sales made to the defendant’s customers, and that, from January 26, 1883, to May 1, 1S83, the…
1Opinion of the Court
Jackson, Chief Justice.
Behr sued Falkner for wages as clerk. Falkner pleaded, by way of recoupment, damages to himself by his clerk amounting to more than his wages.' This made the issue between them, and under the court’s charge the jury found for Behr the full amount of his wages, and against the plea of recoupment. Thereupon, on the denial of a new trial, Falkner brought the case here.
1. The evidence is sufficient to support the verdict, and it is not contrary to evidence, law, equity, etc.
2. The court declined to charge the jury as follows: “ The defendant files a plea of recoupment in…
2Cases cited1 opinion
- Holt v. StateSupreme Court of Georgia · 1879
3Cited by11 opinions
- Williams v. Southern Railway Co.Supreme Court of Georgia · 1906
- Glenridge Unit Owners Assn. v. FeltonCourt of Appeals of Georgia · 1987
- Whitehead v. SeymourCourt of Appeals of Georgia · 1969
- American Associated Companies, Inc. v. VaughanSupreme Court of Georgia · 1957
- Wolf v. EvansWisconsin Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.