Green v. Combs
Supreme Court of Georgia
Torts. Contracts. Set-off. Before Judge Eain. Catoosa superior court. August term, 1887. "W. W. Combs sued Wallace Green in a justice’s court on two notes, one given for a store account and one for a cow. On the trial, there was conflicting evidence as to the amount of the payments which had been made on the notes.
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Torts. Contracts. Set-off. Before Judge Eain. Catoosa superior court. August term, 1887. "W. W. Combs sued Wallace Green in a justice’s court on two notes, one given for a store account and one for a cow. On the trial, there was conflicting evidence as to the amount of the payments which had been made on the notes. The main defence relied on arose as follows : The note given for the cow was accompanied by a mortgage on her, by the maker to the payee ; this mortgage had been foreclosed, the mortgaged property sold, bought by one Whitsett and purchased from him by Combs. Defendant pleaded as a…
1Opinion of the Court
Simmons, Justice.
Combs sued Creen on a promissory note. Creen filed a plea of set-off", in which he attempted to set up damages arising ex delicto, as a set-off" against the note. The magistrate ruled out the evidence offered to sustain this plea. Creen brought the case to the superior court by certiorari, and the judgment of the magistrate was sustained by the superior court; to which judgment Creen filed this bill of exceptions.
There was no error by the court below in dismissing this certiorari. Damages arising from a tort cannot be pleaded as a set-off to a suit on a contract. Code, §8261.…
2Cases cited1 opinion
- Smith, Son & Brother v. Printup Bros. & Co.Supreme Court of Georgia · 1877
3Cited by6 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Harden v. LangSupreme Court of Georgia · 1900
- Georgia Lumber Co. v. Johnson-Battle Lumber Co.Court of Appeals of Georgia · 1923
- Peterson v. LottSupreme Court of Georgia · 1909
- Simonton v. ShawCourt of Appeals for the Fifth Circuit · 1917
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