Chavala Cooperative, Inc. v. Hortman
Court of Appeals of Georgia
1Opinion of the CourtQuillian, J.
1. Only demands which will support an independent action for their collection can be pleaded by way of set-off.
2. Every debt is an obligation but not every obligation is a debt for the collection of which a suit may be maintained. Pennsylvania Company &c. v. Scott, 346 Pa. 13 (29 Atl. 2d 328, 144 A. L. R. 849).
3. A “debt” has been defined to be a sum of money due by a certain and express agreement. A debt in its general sense is a specific sum of money which is due or owing from one person to another, and denotes not only the obligation of one person to pay, but the right of the other party…
2Cases cited5 opinions
- Pennsylvania Co., Etc. v. ScottSupreme Court of Pennsylvania · 1942
- O'Neal v. Automobile Piston & Parts Co.Supreme Court of Georgia · 1939
- Dewey v. DensonCourt of Appeals of Georgia · 1923
- Birdseye v. UnderhillSupreme Court of Georgia · 1888
- Board of Trustees v. Barrow County Cotton MillsCourt of Appeals of Georgia · 1929
3Cited by6 opinions
- Anderson v. Burnham (In Re Burnham)United States Bankruptcy Court, N.D. Georgia · 1981
- Kopp v. BairdIdaho Supreme Court · 1957
- Threatt v. Forsyth CountyCourt of Appeals of Georgia · 2003
- Brown v. MooreCourt of Appeals of Georgia · 1961
- Kopp v. BairdIdaho Supreme Court · 1957
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