Jones v. Bartlett

Court of Appeals of Georgia

Jones v. Bartlett

92 S.E.2d 729, 93 Ga. App. 738, 1956 Ga. App. LEXIS 848

CourtCourt of Appeals of Georgia

DecidedApril 11, 1956

Docket36118

StatusPublished

Cited by1 cases

This text of 92 S.E.2d 729 (Jones v. Bartlett) 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

Jones v. Bartlett, 92 S.E.2d 729, 93 Ga. App. 738, 1956 Ga. App. LEXIS 848 (Ga. Ct. App. 1956).

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Opinion

Quillian, J.

The defendant insists that the note was without consideration because the alleged indebtedness had been satisfied by a prior judgment which was res adjudicata of the present action. The plaintiff testified that the present action was instituted for a note the consideration of which was a separate account from that for which a previous judgment was rendered against the defendant. Two> accounts may exist between the same parties so as to give two separate and distinct causes of action. Gowder v. Reeves, 61 Ga. App. 715 (7 S. E. 2d 337). There was sufficient evidence to support the verdict, and the trial judge did not err in denying the motion, for a new trial.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

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Quillian, J.

The defendant insists that the note was without consideration because the alleged indebtedness had been satisfied by a prior judgment which was res adjudicata of the present action. The plaintiff testified that the present action was instituted for a note the consideration of which was a separate account from that for which a previous judgment was rendered against the defendant. Two> accounts may exist between the same parties so as to give two separate and distinct causes of action. Gowder v. Reeves, 61 Ga. App. 715 (7 S. E. 2d 337). There was sufficient evidence to support the verdict, and the trial judge did not err in denying the motion, for a new trial.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

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Bluebook (online)

92 S.E.2d 729, 93 Ga. App. 738, 1956 Ga. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bartlett-gactapp-1956.

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