Green v. Combs

Decided May 11, 1888

Supreme Court of Georgia · decided 1888-05-11

Torts. Contracts. Set-off. Before Judge Eain. Catoosa superior court. August term, 1887. W. W. Combs sued Wallace Green in a justice’s court on two notes, one given for a store account and one for a cow. On the trial, there was conflicting evidence as to the amount of the payments which had been made on the notes.

Relies on Smith, Son & Brother v. Printup Bros. & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-05-11

How this case has been cited

Cited by 6 later decisions — most recently December 1923

1 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Simmons, Justice.

¶1Combs sued Creen on a promissory note. Creen filed a plea of set-off", in which he attempted to set up damages arising ex delicto, as a set-off" against the note. The magistrate ruled out the evidence offered to sustain this plea. Creen brought the case to the superior court by certiorari, and the judgment of the magistrate was sustained by the superior court; to which judgment Creen filed this bill of exceptions.

¶2There was no error by the court below in dismissing this certiorari. Damages arising from a tort cannot be pleaded as a set-off to a suit on a contract. Code, §8261. Smith, Son & Bro. vs. Printup Bros. & Co., 59 Ga. 610.

¶3Judgment affirmed.