78 Ga. 232 | Ga. | 1887
In this case, Tucker brought his action against Walters for beating and cutting him with a knife. On the trial of the case, it appeared from the evidence that Walters had a claim against the plaintiff, Tucker, for a sum of money due by him to a certain insurance company, which was represented by Walters, for the premium on a policy of insurance. Walters met the plaintiff and asked him to pay this claim. The plaintiff invited him to come over to his office. Walters went there; whereupon Tucker claimed that Walters was in debt to the firm of Callaway, Tucker & Davis a sum of money equal to the claim which Walters had against him, and asked that it be settled in that way. To this Walters objected, and contended that he did not owe Callaway, Tucker & Davis anything, because he had bought a large amount of meat from them and paid them for it, and the same had fallen short to an amount greater than the claim which they had upon Walters; whereupon Tucker stated to him that the bill