Legal Opinion

Wilkinson v. Jeffers & Cothrans

Supreme Court of Georgia

Decided March 15, 1860PublishedCited by 3 opinions

Complaint, in Coweta Superior Court. Tried before Judge Hammond, at September Term, 1859. This was an aetion brought by Jeffers & Cothrans, as endorsees against Uriah B. Wilkinson, the maker, on a promissory note, of which the following is a copy : “ $302 22-100. One day after date I promise to pay G. L. Anderson or order, three hundred and two (22-100) dollars, for value received. August 21st, 1857. (Signed,) “ U. B. WILKINSON.”

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Complaint, in Coweta Superior Court. Tried before Judge Hammond, at September Term, 1859. This was an aetion brought by Jeffers & Cothrans, as endorsees against Uriah B. Wilkinson, the maker, on a promissory note, of which the following is a copy : “ $302 22-100. One day after date I promise to pay G. L. Anderson or order, three hundred and two (22-100) dollars, for value received. August 21st, 1857. (Signed,) “ U. B. WILKINSON.” Endorsed: “G. L. Anderson, per J. H. Anderson, Attorney.” Defendant pleaded the general issue and payment, and further, “ that the said G. L. Anderson, the payee of…

1Opinion of the Court

*154 By the Court

Lumpkin, J.,

delivering the opinion.

The only question in this ease is, whether a negotiable note being transferred by the payee, as collateral security, after maturity, the maker can plead a set-off against the payee, to an action at the instance of the holder ?

The point has been fully and satisfactorily discussed upon the cases. And while it is true that there is a conflict of authority both in England and in this country, the better opinion seems to be, that the defense is not admissible; and such has been the uniform tenor of the decisions in this State. Story on Prom. Notes,…

2Cases cited4 opinions

  1. Swift v. TysonSupreme Court of the United States · 1842
  2. Meadow v. BirdSupreme Court of Georgia · 1857
  3. King v. Carhart, Bros. & Co.Supreme Court of Georgia · 1855
  4. Slade v. StreetSupreme Court of Georgia · 1859

3Cited by3 opinions

  1. Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
  2. Srochi v. KamenskyCourt of Appeals of Georgia · 1968
  3. Leavitt v. PeabodySupreme Court of New Hampshire · 1882

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