Johnson v. Starr Piano Co.
Court of Appeals of Georgia
Trover; from city court of Albany — Judge Clayton Jones. May 17, 1921. For a piano alleged to be of the value of $106.97 the Starr Piano Company brought trover against the administrator of Mrs. Johnson. The names of Peacock & Gardner and Guy O. Buckner were signed to the petition, as attorneys for the plaintiff.
Read the full summary
Trover; from city court of Albany — Judge Clayton Jones. May 17, 1921. For a piano alleged to be of the value of $106.97 the Starr Piano Company brought trover against the administrator of Mrs. Johnson. The names of Peacock & Gardner and Guy O. Buckner were signed to the petition, as attorneys for the plaintiff. The allegations as to the defendant’s possession of the piano and its value were admitted in his answer, but he denied the plaintiff’s claim of title and pleaded that he had paid to Guy O. Buckner $75 in full settlement of the suit. The court, at the conclusion of the evidence on the…
1Opinion of the CourtBloodworth, J.
In this case the defendant sought to avoid payment of a note by showing a settlement with an attorney for less than was due thereon. The principle involved is settled by § 4956 of the Civil Code (1910), which is as follows: “Without special authority, attorneys cannot receive anything in discharge of a client’s claim but the full amount in cash.” In Kaiser v. Hancock, 106 Ga. 217 (32 S. E. 123), it was held: “Without special authority, an attorney can not accept anything in discharge of his client’s claim but the full amount thereof in cash. And where a plaintiff introduces evidence which…
2Cases cited4 opinions
- Kaiser & Brother v. HancockSupreme Court of Georgia · 1898
- Evans v. Atlantic National BankSupreme Court of Georgia · 1918
- Sonnebom & Co. v. Moore Bros.Supreme Court of Georgia · 1898
- Bell & Harrell v. KwileckiCourt of Appeals of Georgia · 1912
3Cited by6 opinions
- Mungin v. Florida East Coast Railway CompanyDistrict Court, M.D. Florida · 1970
- Lewis v. UseltonCourt of Appeals of Georgia · 1992
- Commins v. RossCourt of Appeals of Georgia · 1931
- Burnett v. JohnstonCourt of Appeals of Georgia · 1932
- Fairburn Supply Co. v. Crumley-Sharp Hardware Co.Court of Appeals of Georgia · 1924
1 more not listed; retrieve them via the Exa API.