Carter & Co. v. Coston

Court of Appeals of Georgia

Carter & Co. v. Coston

71 S.E. 764, 9 Ga. App. 493, 1911 Ga. App. LEXIS 200

CourtCourt of Appeals of Georgia

DecidedJune 29, 1911

Docket3296

StatusPublished

Cited by2 cases

This text of 71 S.E. 764 (Carter & Co. v. Coston) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter & Co. v. Coston, 71 S.E. 764, 9 Ga. App. 493, 1911 Ga. App. LEXIS 200 (Ga. Ct. App. 1911).

Pincite

Opinion

Powell, J1

The plaintiff sued upon an account aggregating $151.75, on which two items, amounting to $75.19, were credited. The defendant answered, denying the allegations of the petition, and further asserting that his account with the plaintiff for the time in question was only $75, and that he had given his note for that sum, and had paid it through the payments credited on the account. , Eeld, that the suit was an action to recover only the excess of the account claimed after deducting the conceded payments; that the defendant’s answer was not a plea of payment, was not an affirmative plea at all, but was merely a denial that the alleged indebtedness sued on ever existed; and that the court did not err in ruling that the burden of proof rested upon the plaintiff. ’ Judgment affirmed.

W. G. Martin, for plaintiffs. Beazley & Eagan, for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Powell, J1

The plaintiff sued upon an account aggregating $151.75, on which two items, amounting to $75.19, were credited. The defendant answered, denying the allegations of the petition, and further asserting that his account with the plaintiff for the time in question was only $75, and that he had given his note for that sum, and had paid it through the payments credited on the account. , Eeld, that the suit was an action to recover only the excess of the account claimed after deducting the conceded payments; that the defendant’s answer was not a plea of payment, was not an affirmative plea at all, but was merely a denial that the alleged indebtedness sued on ever existed; and that the court did not err in ruling that the burden of proof rested upon the plaintiff. ’ Judgment affirmed.

W. G. Martin, for plaintiffs. Beazley & Eagan, for defendant.

Cite This Page — Counsel Stack

Bluebook (online)

71 S.E. 764, 9 Ga. App. 493, 1911 Ga. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-co-v-coston-gactapp-1911.

Opinion

Related

Cite This Page — Counsel Stack