Jones v. Coweta Fertilizer Co.

Court of Appeals of Georgia

Jones v. Coweta Fertilizer Co.

124 S.E. 545, 32 Ga. App. 730, 1924 Ga. App. LEXIS 612

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1924

Docket15098

StatusPublished

Cited by1 cases

This text of 124 S.E. 545 (Jones v. Coweta Fertilizer Co.) 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. Coweta Fertilizer Co., 124 S.E. 545, 32 Ga. App. 730, 1924 Ga. App. LEXIS 612 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

1. In a suit upon a promissory note, which is an action ex contractu, the defendant cannot in an action at law in a city court recover by way of set-off against the plaintiff, upon the ground that the plaintiff is insolvent or a nonresident, damages sustained by the defendant by reason of an alleged tortious act of the plaintiff in having maliciously instituted proceedings in bankruptcy against him. Hecht v. Snook &c. Co., 114 Ga. 921 (41 S. E. 74).

2. The amendment to the defendant’s plea, setting up such defense, was properly stricken.

Judgment ajfi/rmed.

Jenkins, P. J., and Bell, J., concur. 8. Eolderness, Boylcin & Boylcin, for plaintiffs in error. Edil & Jones, Smith & Millican, contra.

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