Steinhauer & Wight Inc. v. Adair

1. The rule of law which does not permit a defendant in trover suit to set up damages by way of recoupment, even though growing out of the same contract, except where some special equity exists therefor, such as the non-residence or insolvency of the plaintiff (Bell v. Ober etc. Co., 111 Ga. 668, 36 S. E. 904; Harden v. Lang, 110 Ga. 392, 36 S. E. 100; Barrow v. Mallory, 89 Ga. 76, 14 S. E. 878), does not preclude a defendant in bail-trover where he, claiming title to the property sued for, prevails in the suit, from exercising his right to take a money judgment, in lieu of the property,…