MALONE v. CITY OF ROSSVILLE

39851.

107 Ga. App. 271 (1963)

129 S.E.2d 563

MALONE v. CITY OF ROSSVILLE.

Court of Appeals of Georgia.

Decided January 30, 1963.


Attorney(s) appearing for the Case

Cook & Palmour, A. Cecil Palmour, for plaintiff in error.

Paul W. Painter, contra.


EBERHARDT, Judge.

1. While a verdict was not demanded for the defendant, we can not say that it was not authorized. It is settled that when one of two joint tortfeasors settles with a plaintiff and takes a covenant not to sue, the remaining tortfeasor, or defendant, is entitled to have credited against any damages that the jury might find against it the payment made by the other for the covenant not to sue, up to the full amount thereof. Atlantic C. L. R. Co. v...

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