55 Ga. App. 838 | Ga. Ct. App. | 1937
This was a suit in a city court, on a note by E. E. Gormley, superintendent of banks, for the use of the Citizens Bank
Was the defendant entitled to have the $40 set-off against the note sued on; and, if so, could this be done in the city court under the facts of this case? These are the controlling questions here to be determined. “Set-off is a defense which goes not to the justice of the plaintiff-’s demand, but sets up a demand against the plaintiff to counterbalance his in whole or in part.” Code, § 20-1301. “Between the parties themselves any mutual demands, existing at the time of the commencement of the suit, may be set off.” § 20-1302. “Set-off must be between the same parties and in their own right. If originally otherwise, but at the commencement of suit equitably within this rule,' they may be set off. Thus, a claim against a partnership may be set off against a surviving partner in a suit brought in his own right; and a debt due to a principal may be set off in a suit against principal and surety.” § 20-1303. It appears without contradiction, that a few weeks bofore the bank closed, this defendant and others undertook to form an agricultural credit finance company, and paid to R. C. Neely, treasurer of such company or group, $410, of which sum Guy Chance paid $40, and the entire amount was deposited in the bank by Neely to his credit as such treasurer; that within a few days before the bank closed Mr. Neely, who was president of the bank, had it to issue to him, as treasurer of such group or company, a check for $410, which included the $40 paid by Guy
Judgment reversed.