Walker v. Kingston Supply Co.

Court of Appeals of Georgia

Walker v. Kingston Supply Co.

89 S.E. 533, 18 Ga. App. 447, 1916 Ga. App. LEXIS 404

CourtCourt of Appeals of Georgia

DecidedJuly 19, 1916

Docket7120

StatusPublished

Cited by2 cases

This text of 89 S.E. 533 (Walker v. Kingston Supply 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

Walker v. Kingston Supply Co., 89 S.E. 533, 18 Ga. App. 447, 1916 Ga. App. LEXIS 404 (Ga. Ct. App. 1916).

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Opinion

Hodges, J.

A defendant filing a general denial to a suit on an open account can not prove an affirmative defense in the nature of a set-off. The law requires the defendant to answer distinctly each paragraph of the petition, and does not permit' the filing of a general denial. Under the Civil Code, § 5634, “General Issue” has lost his commission. If an affirmative defense is relied on it must he specially pleaded. If a defense in the nature of a set-off .is relied on it must he distinctly set out in the pleadings. The plea in this case was a general denial of the account, with the admission of a small amount due. The court, over objection, admitted evidence that the plaintiff agreed that one-half of a cer[448]*448tain fertilizer account should he paid by him and that this amount should he credited on the account in suit. This evidence was in the nature of a set-off, and the court, under the’ pleadings, erred in admitting it. Civil Code, § 5668; Kahrs v. Kahrs, 115 Ga. 288 (41 S. E. 649); rule 10 of the superior courts, Civil Code, § 6269.

Judgment reversed.

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Hodges, J.

A defendant filing a general denial to a suit on an open account can not prove an affirmative defense in the nature of a set-off. The law requires the defendant to answer distinctly each paragraph of the petition, and does not permit' the filing of a general denial. Under the Civil Code, § 5634, “General Issue” has lost his commission. If an affirmative defense is relied on it must he specially pleaded. If a defense in the nature of a set-off .is relied on it must he distinctly set out in the pleadings. The plea in this case was a general denial of the account, with the admission of a small amount due. The court, over objection, admitted evidence that the plaintiff agreed that one-half of a cer[448]*448tain fertilizer account should he paid by him and that this amount should he credited on the account in suit. This evidence was in the nature of a set-off, and the court, under the’ pleadings, erred in admitting it. Civil Code, § 5668; Kahrs v. Kahrs, 115 Ga. 288 (41 S. E. 649); rule 10 of the superior courts, Civil Code, § 6269.

Judgment reversed.

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Bluebook (online)

89 S.E. 533, 18 Ga. App. 447, 1916 Ga. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-kingston-supply-co-gactapp-1916.

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