Wilkinson v. Jeffers & Cothrans
Supreme Court of Georgia
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
- Swift v. TysonSupreme Court of the United States · 1842
- Meadow v. BirdSupreme Court of Georgia · 1857
- King v. Carhart, Bros. & Co.Supreme Court of Georgia · 1855
- Slade v. StreetSupreme Court of Georgia · 1859
3Cited by3 opinions
- Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
- Srochi v. KamenskyCourt of Appeals of Georgia · 1968
- Leavitt v. PeabodySupreme Court of New Hampshire · 1882