Ellis v. Dudley
Court of Appeals of Georgia
Complaint; from city court of Americus—Judge Harper. January 29, 1916. G. E. Ellis filed a suit against A. W. Smith, as receiver of the Americus National Bank, returnable to the March term, 1915, of the city court of Americus, alleging that a. receiver was appointed for the assets of the Americus National Bank on February 9, 1914, at which time J. S. Bolton & Brother, a partnership composed of J. S. Bolton and J- F. Bolton, had on deposit in that bank, subject to check, the…
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Complaint; from city court of Americus—Judge Harper. January 29, 1916. G. E. Ellis filed a suit against A. W. Smith, as receiver of the Americus National Bank, returnable to the March term, 1915, of the city court of Americus, alleging that a. receiver was appointed for the assets of the Americus National Bank on February 9, 1914, at which time J. S. Bolton & Brother, a partnership composed of J. S. Bolton and J- F. Bolton, had on deposit in that bank, subject to check, the sum of $4,206.72; that there were no outstanding checks drawn against the deposit, and Bolton & Brother were not…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1. No equity having existed in favor of the debtor against the original holder of the chose in action, and none being held against the present assignee, the sole question for our determination, therefore, relates to whether or not the defendant bank should have been allowed to ’set off against the plaintiff its indebtedness against Mrs. Warlick, the intermediate assignee of the bank deposit, and who was the assignor of the plaintiff. “Set-off is a defense which goes, not to the justice of plaintiff’s demand, but sets up a demand against the plaintiff to…
2Cases cited12 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Nix v. EllisSupreme Court of Georgia · 1903
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- Bank of Lawrenceville v. Rockmore & Co.Supreme Court of Georgia · 1907
- Luthersville Banking Co. v. HopkinsCourt of Appeals of Georgia · 1913
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3Cited by2 opinions
- Broyles v. JohnsonCourt of Appeals of Georgia · 1961
- Rountree v. CulpepperCourt of Appeals of Georgia · 1929