Arnold v. American Securities Co.

Hutcheson, Justice.

E. H. Dorsey Jr. executed and delivered to American State Bank his promissory note, indorsed by E. H. Dorsey Sr. and O. H. Arnold Jr. The note was transferred to American Securities Company, which brought suit on it in the city court of Athens. O. H. Arnold Jr. filed a bill in equity in Olarke superior court, seeking to restrain and enjoin the suit filed in the city court, on the ground that he was entitled to an equitable set-off. Demurrer was filed, on the grounds that no cause of action was set out, and that the petition showed on its face that the petitioner had an…