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STOCKTON v. TURNER

40305.

108 Ga. App. 873 (1964)

134 S.E.2d 836

STOCKTON v. TURNER.

Court of Appeals of Georgia.

Rehearing Denied January 23, 1964.

Attorney(s) appearing for the Case

Scott Walters, Jr., for plaintiff in error.

Augustine Sams, Marion A. Sams, Edward S. Sams, contra.

FRANKUM, Judge.

1. Where, in a suit on a promissory note, the defendant filed a cross action against the plaintiff on an account in an amount greater than the amount of the note and prayed for a setoff and a judgment against the plaintiff for the excess, the court did not err in repelling evidence offered by the plaintiff concerning reasons, not germane to any issue in the case, for the nonpayment of the note.

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