Daniel v. Nixon
Court of Appeals of Georgia
Complaint; from city court of Millen—Judge Dekle. August 30, 1918. The action was on three promissory notes of Mrs. Estelle P. Daniel, the defendant, payable to Nixon & Wright, the plaintiffs, dated in 1914, and for the amounts respectively of $513.75, $1,047, and $1,570. In the defendant’s answer she “admits each and every paragraph of plaintiffs’ petition, . . admits a prima facie case for said plaintiffs, . . admits that she signed the said notes, . . and that there is…
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Complaint; from city court of Millen—Judge Dekle. August 30, 1918. The action was on three promissory notes of Mrs. Estelle P. Daniel, the defendant, payable to Nixon & Wright, the plaintiffs, dated in 1914, and for the amounts respectively of $513.75, $1,047, and $1,570. In the defendant’s answer she “admits each and every paragraph of plaintiffs’ petition, . . admits a prima facie case for said plaintiffs, . . admits that she signed the said notes, . . and that there is due on said notes the amount claimed by the plaintiffs in their petition;” and “by way of set-off and recoupment” she…
1Opinion of the CourtBloodworth, J.
The court did not err _ in sustaining the demurrer to the plea, or in directing a verdict for the plaintiff.
Judgment affirmed.
Broyles, P. J., and Stephens, J., concur. The plaintiff demurred to the answer and moved that the court strike it, on the grounds that it “undertakes to set up a plea by way of set-off and recoupment of debts not between the same parties and in their own right;” that the validity of the notes sued on and the amount due on them being admitted by the defendant, a claim arising out of the alleged transaction can not be recouped 'against.the suit; that the alleged failure…
2Cases cited21 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Harden v. LangSupreme Court of Georgia · 1900
- House v. OliverSupreme Court of Georgia · 1905
- Nix v. EllisSupreme Court of Georgia · 1903
- Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
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