Kennedy v. Schultz

Jordan, Judge.

In a suit by an individual on an unpaid note executed by the defendant and payable to the individual plaintiff, the defendant debtor cannot set off a claim due the defendant by a partnership of which the plaintiff is a member in the absence of special circumstances which would authorize an equitable set-off. West v. Kendrick, 46 Ga. 526; Metcalf v. Peoples Grocery Co., 24 Ga. App. 663 (la) (101 SE 768). While it was alleged in the defendant’s plea and answer that the plaintiff and the partnership were indebted to him in the amount of the set-off, the employment contract which…