National Surety Corp. v. Algernon Blair, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Bell, Presiding Judge.
Here, neither the defendant nor Stauffer, in the absence of assignment of the indebtedness owing Stauffer under the Cullman contract, would have had any greater or lesser rights by virtue of the contractual provision relating to setoff against final payment. Even with that provision a part of the contract, those rights between the original parties would have been the same with respect to setoff as they would have been without the provision. It is common knowledge that payments under construction contracts are frequently the subject of assignment by one to whom payment is…
Also in this document: Concurrence.
2Cases cited10 opinions
- Whitney v. HaganCourt of Appeals of Georgia · 1941
- Finlay v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1898
- C. v. Hill Company Inc. v. WeinbergCourt of Appeals of Georgia · 1942
- Fulton National Bank v. Fulton CountySupreme Court of Georgia · 1916
- Parker v. AverettCourt of Appeals of Georgia · 1966
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3Cited by6 opinions
- Algernon Blair, Inc. v. National Surety CorporationSupreme Court of Georgia · 1966
- Capital Ford Truck Sales, Inc. v. United States Fire InsuranceCourt of Appeals of Georgia · 1986
- Atlanta Area Broadcasting, Inc. v. James Brown Enterprises, Inc.Court of Appeals of Georgia · 2003
- Ameritrust Co., N.A. v. WhiteDistrict Court, N.D. Georgia · 1994
- National Surety Corp. v. Algernon Blair, Inc.Court of Appeals of Georgia · 1966
1 more not listed; retrieve them via the Exa API.