Calhoun v. Citizens Banking Co.
Supreme Court of Georgia
Complaint. Before Judge Smith. Wilcox superior court. September 26, 1900. The banking company sued on an open account for a sum alleged to be due as an overdraft, and the defendant filed a plea denying the alleged indebtedness, and setting up, by way of set-off and counter-claim, deposits alleged to have been made by him with the plaintiff and not credited to him, to an amount in excess of the plaintiff’s claim, and certain sums alleged to have been paid by him for protest…
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Complaint. Before Judge Smith. Wilcox superior court. September 26, 1900. The banking company sued on an open account for a sum alleged to be due as an overdraft, and the defendant filed a plea denying the alleged indebtedness, and setting up, by way of set-off and counter-claim, deposits alleged to have been made by him with the plaintiff and not credited to him, to an amount in excess of the plaintiff’s claim, and certain sums alleged to have been paid by him for protest fees on checks drawn hy him on the plaintiff; and he prayed judgment against the plaintiff for the amount alleged to be…
1Opinion of the CourtLittle, J.
1. A plea of set-off is a cross-action, and after it is filed the defendant is, in any event, entitled to prove his case and have judgment against the plaintiff, if it is authorized by the evidence. This right the plaintiff can not defeat by dismissing his action ; nor should the court on its own motion dismiss or nonsuit the case, and thus deprive the defendant of his right to proceed and make out his cross-action against the plaintiff. Civil Code, § 3754 ; Reedy v. Helms, 54 Ga. 121; Crane v. Barry, 60 Ga. 363; Lewis v. Wall, 70 Ga. 648.
2. When a plea of set-off has been filed in a case, it…
2Cases cited2 opinions
- Reedy v. HelmsSupreme Court of Georgia · 1875
- Lewis v. WallSupreme Court of Georgia · 1883
3Cited by5 opinions
- Rice-Stix Dry Goods Co. v. Friedlander Bros.Court of Appeals of Georgia · 1923
- Handley v. McKeeCourt of Appeals of Georgia · 1911
- Wheeless v. CarterSupreme Court of Georgia · 1904
- Butler v. PickensCourt of Appeals of Georgia · 1928
- Croft v. Broxton Artificial Stone WorksCourt of Appeals of Georgia · 1908