Pullen v. Powell
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
1. “When a negotiable paper is sued on by a holder or indorsee, received under dishonor, no set-off is allowed against the original payee, except such as is in some way connected with the debt sued on, or the transaction out of which it sprung.” Civil Code (1910), § 4344; Polk v. Stewart, 144 Ga. 337 (87 S. E. 21) ; Kinard v. Sanford, 64 Ga. 630. Accordingly, where the testimony for the defendant showed that the claim which he sought to set off against the transferee’s action upon a note given to the original payee for borrowed money consisted of a demand against the original payee for…
2Cases cited3 opinions
- Kinard v. SanfordSupreme Court of Georgia · 1880
- Polk v. StewartSupreme Court of Georgia · 1915
- Thurman v. ThurmanSupreme Court of Georgia · 1915
3Cited by2 opinions
- Silver v. SellersCourt of Appeals of Georgia · 1939
- Pullen v. PowellCourt of Appeals of Georgia · 1927