Legal Opinion
Metcalf v. Peoples Grocery Co.
Court of Appeals of Georgia
Decided January 7, 1920No. 10467PublishedCited by 6 opinions
Complaint; from Crisp superior court—Judge Gower. February 8, 1919.
1Opinion of the CourtLuke, J.
Non-residence of a plaintiff who submits himself to the jurisdiction of the courts of this State affords equitable ground for the filing by the defendant of a plea of set-off. See Hecht v. Snook & Austin Co., 114 Ga. 921 (41 S. E. 74), and eit.
(а) In a suit by an individual upon an open account due him the debtor cannot set off a claim due by a corporation or partnership of which the individual creditor is a member. The cross-demand lacks mutuality. Civil Code (1910), §§ 4340, 4341, 5668. It is well settled that a debt due by a partnership cannot be set off against a debt due by a third…
2Cases cited3 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Dalton City Co. v. Dalton Manufacturing Co.Supreme Court of Georgia · 1862
- Kinard v. SanfordSupreme Court of Georgia · 1880
3Cited by6 opinions
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
- Oliver v. GodleyCourt of Appeals of Georgia · 1928
- Security Management Co. v. KingCourt of Appeals of Georgia · 1974
- Bank of the Ozarks v. DKK Development Co.Court of Appeals of Georgia · 2012
- Kennedy v. SchultzCourt of Appeals of Georgia · 1962
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