KENNEDY v. SCHULTZ

39316.

105 Ga. App. 522 (1962)

125 S.E.2d 87

KENNEDY v. SCHULTZ.

Court of Appeals of Georgia.

Rehearing Denied March 12, 1962.


Attorney(s) appearing for the Case

Heyman, Abram, Young, Hicks & Maloof, Joseph Lefkoff, for plaintiff in error.

George Carroll, contra.


JORDAN, Judge.

In a suit by an individual on an unpaid note executed by the defendant and payable to the individual plaintiff, the defendant debtor cannot set off a claim due the defendant by a partnership of which the plaintiff is a member in the absence of special circumstances which would authorize an equitable set-off. West v. Kendrick, 46 Ga. 526; Metcalf v. Peoples Grocery Co., 24 Ga.App. 663 (1a) (101 SE 768). While it was alleged in the defendant...

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