59 Ga. 610 | Ga. | 1877
This was a suit brought by Printup Bros. & Go. against Smith, Son & Brother, as partners, on two bills of exchange,
The question is, was the plea properly stricken %
In Ingram vs. Jordan, 55 Ga., 356, this court held that, under section 3261 of the Code, demands of a smilar nature could be set off against each other — as contracts against contracts — torts against torts; but that one sort of demand could not be set off against another, as a tort against a contract.
In this case the suit is against these drawers of a bill of exchange — purely a contract — and it was sought to set off against such a claim a demand arising ex delicto — out of the wrongful conversion and seizure of iron. It cannot be done. So that the court was right to strike the plea.
Judgment affirmed.