Cowles v. Mutual Life Insurance Co. of New York
Court of Appeals of Georgia
1Opinion of the CourtBroyles, C. J.
1. “A mutual account is one based on a course of dealing, wherein each party has given credit to the other, on the faith of indebtedness to him.” Gunn v. Gunn, 74 Ga. 555.
2. “In order for such mutuality of account to exist as will arrest the bar of the statute of limitations, each party to the account must extend credit to the other on the faith of an admitted indebtedness [italics ours] on his part which affords the basis of credit to the other party. To bring an account, otherwise barred, within the exception recognized in cases of mutual accounts, it is not enough to show that there are…
2Cases cited3 opinions
- Gunn v. GunnSupreme Court of Georgia · 1885
- Mobley, Ward & Davis v. PendergrastCourt of Appeals of Georgia · 1911
- Smith v. HembreeCourt of Appeals of Georgia · 1908
3Cited by1 opinion
- Perry v. Laurens Hardware Co.Court of Appeals of Georgia · 1956