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Summers v. Lee

Summers v. Lee, for use, etc.

Summers v. Lee, 73 S.E. 602 (Ga. Ct. App. 1912)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 30, 1912
Docket
No. 3518
Judges
Russell
Citations
73 S.E. 60210 Ga. App. 4411912 Ga. App. LEXIS 551
Summary
Complaint; from city court of Atlanta — Judge Callioun.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Russell

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Russell, J.

1. The court erred in disallowing the defendant’s plea of set-off. “If the plaintiff sues- for the benefit of another person, a set-off against the beneficiary shall be allowed.” Civil Code (1910), § 4343.

2. There being sufficient evidence to authorize the inference that the making of the note and the deed by the wife, to secure a loan to her, was merely a colorable scheme by which her separate estate was to be subjected to the debts of her husband, it was error to direct the verdict for the plaintiff. Even if the evidence could be said to preponderate in favor of the plaintiff, the verdict directed was not demanded; for there ' was testimony upon which the jury might have found that the plaintiff advanced the money"knowing that it was to be used to pay the husband’s debts, including his debt to the bank, and that the entire transaction was a collusive scheme, by which the statute against suretyship on the part of married women might be evaded. Central Bank v. Almand, 135 Ga. 231 ( 69 S. E. 111 ); McLeod v. Southern Fertilizer Co., 7 Ga. App. 322 ( 66 S. E. 802 ).

Judgment reversed. Pottle, J., not presiding.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11926: 11930: 11938: 11962: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Magid v. Beaver196 S.E. 422 (Ga. 1938)
  2. Saxon v. National City Bank151 S.E. 501 (Ga. 1930)
  3. Lee v. Johnston134 S.E. 166 (Ga. 1926)
  4. J. E. Simmons & Associates, Inc. v. Christian125 S.E.2d 56 (Ga. 1962)
  5. Summers v. Thompson88 S.E. 920 (Ga. Ct. App. 1916)

Most recent

  1. J. E. Simmons & Associates, Inc. v. Christian125 S.E.2d 56 (Ga. 1962)
  2. Magid v. Beaver196 S.E. 422 (Ga. 1938)
  3. Saxon v. National City Bank151 S.E. 501 (Ga. 1930)
  4. Lee v. Johnston134 S.E. 166 (Ga. 1926)
  5. Summers v. Thompson88 S.E. 920 (Ga. Ct. App. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cent. Bank & Trust Corp. v. Almand, 69 S.E. 111 (Ga. 1910) 5
McLeod v. Southern Fertilizer & Chem. Co., 66 S.E. 802 (Ga. Ct. App. 1910) 1

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