Howard v. Blanchard
Court of Appeals of Georgia
Complaint; from Richmond superior court — Judge Henry C. Hammond. April 1, 1922.
1Opinion of the CourtJenkins, P. J.
“ The existence of an indebtedness by A to B, and an extension of credit to B by A by reason thereof, constitutes a mutual account. The statute of limitations only runs against such an account from the date of the last item on either side thereof.” Reid v. Wilson, 109 Ga. 424 (4) (34 S. E. 608); Civil Code (1910), § 4363. The defendant’s amendment to his plea set forth an itemized mutual running account between himself and the plaintiff, based on a course of dealings wherein each party had given credit to the other on the faith of such mutual dealings. The last item in the defendant’s account…
2Cases cited4 opinions
- Reid v. Wilson Bros.Supreme Court of Georgia · 1899
- Wagener v. SteeleSupreme Court of Georgia · 1903
- Kirven & Co. v. ThorntonSupreme Court of Georgia · 1899
- Bank of Blakely v. BuchannonCourt of Appeals of Georgia · 1913
3Cited by2 opinions
- Brazell v. HearnCourt of Appeals of Georgia · 1925
- Gearhart v. EtheridgeCourt of Appeals of Georgia · 1974