remainder claim (Georgia) · Go Syfert
← Georgia issues

remainder claim in Georgia

12 Georgia opinions name it 2 courts 1911–2024 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
West v. Stategreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See id. (concluding that the evidence was sufficient to show that the defendant was involved in the attempt to influence the juror where the defendant’s prison podmate, with the defendant next to him at the time, called the podmate’s mother and asked her to create a fake Facebook profile and use it to influence a juror).

2024See id. (concluding that the evidence was sufficient to show that the defendant was involved in the attempt to influence the juror where the defendant’s prison podmate, with the defendant next to him at the time, called the podmate’s mother and asked her to create a fake Facebook profile and use it to influence a juror).

11
Progressive Data System, Inc. v. Jefferson Randolph Corp.green
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021We disagree. “[T]he Georgia Arbitration Code is in derogation of the common law and must be strictly construed.” Progressive Data Systems v. Jefferson Randolph Corp., 275 Ga. 420, 420 ( 568 SE2d 474 ) (2002).

2021We disagree. “[T]he Georgia Arbitration Code is in derogation of the common law and must be strictly construed.” Progressive Data Systems v. Jefferson Randolph Corp., 275 Ga. 420, 420 ( 568 SE2d 474 ) (2002).

11
Department of Transportation v. Simongreen
gactapp · 1979 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

11
Brantley v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

11
Smith v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

11
Pouncey v. Adamsgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

11
Fountain v. Shoney's Big Boy, Inc.green
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990“Therefore, for the remainder of our analysis we will assume that, as [appellee] contends, [Avinger] was the unprovoked aggressor, although the evidence is controverted as to [whether the incident began as a result of appellee stepping on Avinger’s toe].” Fountain v. Shoney’s Big Boy, 168 Ga. App. 489, 490 ( 309 SE2d 671 ) (1983).

1990“Therefore, for the remainder of our analysis we will assume that, as [appellee] contends, [Avinger] was the unprovoked aggressor, although the evidence is controverted as to [whether the incident began as a result of appellee stepping on Avinger’s toe].” Fountain v. Shoney’s Big Boy, 168 Ga. App. 489, 490 ( 309 SE2d 671 ) (1983).

11
Hamilton & Co. v. Stewartgreen
ga · 1898 · cited in 1 Georgia opinions naming this issue, 1972–1972
2 sentences

1972"In such cases, if the debtor tenders the sum as to which he is willing to concede a liability, on condition that it is to be accepted in full settlement, the creditor must decline the tender and not retain and use the money, check, or other thing of value offered in full settlement," and this is true "notwithstanding he protests, at the time, that the remainder of his claim is still due and owing." Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 , supra. "Nothing could be clearer than the proposition that where one person delivers to another property, to be retained upon a condition st

1972"In such cases, if the debtor tenders the sum as to which he is willing to concede a liability, on condition that it is to be accepted in full settlement, the creditor must decline the tender and not retain and use the money, check, or other thing of value offered in full settlement," and this is true "notwithstanding he protests, at the time, that the remainder of his claim is still due and owing." Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 , supra. "Nothing could be clearer than the proposition that where one person delivers to another property, to be retained upon a condition st

11
Burgamy v. Holtongreen
ga · 1927 · cited in 1 Georgia opinions naming this issue, 1972–1972
2 sentences

1972Accord: Burgamy v. Holton, 165 Ga. 384, 396 ( 141 SE 42 ); Wilcox, Ives & Co. v. Rogers, 13 Ga. App. 410 ( 79 SE 219 ); Ryan v. Progressive Retailer Pub.

1972Accord: Burgamy v. Holton, 165 Ga. 384, 396 ( 141 SE 42 ); Wilcox, Ives & Co. v. Rogers, 13 Ga. App. 410 ( 79 SE 219 ); Ryan v. Progressive Retailer Pub.

11
Ryan v. Progressive Retailer Publishing Co.green
gactapp · 1915 · cited in 1 Georgia opinions naming this issue, 1940–1940
2 sentences

1940In Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 ( 61 S. E. 1134 ), it was said: “Where the aggregate amount of an account is in dispute, but the debtor concedes a liability for a part thereof, and tenders that sum in payment, on the condition that it shall be in full settlement, the creditor, by retaining and using the money, check, or other thing of value so tendered, extinguishes the whole account, notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” See Ryan v. Progressive Retail Publishing Co., 16 Ga. App. 83, 86 ( 84 S. E. 834 ).

1940In Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 ( 61 S. E. 1134 ), it was said: “Where the aggregate amount of an account is in dispute, but the debtor concedes a liability for a part thereof, and tenders that sum in payment, on the condition that it shall be in full settlement, the creditor, by retaining and using the money, check, or other thing of value so tendered, extinguishes the whole account, notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” See Ryan v. Progressive Retail Publishing Co., 16 Ga. App. 83, 86 ( 84 S. E. 834 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Bass Dry Goods Co. v. Roberts Coal Co. green
gactapp · 1908
2 sentences

1972"In such cases, if the debtor tenders the sum as to which he is willing to concede a liability, on condition that it is to be accepted in full settlement, the creditor must decline the tender and not retain and use the money, check, or other thing of value offered in full settlement,” and this is true "notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 , supra. "Nothing could be clearer than the proposition that where one person delivers to another property, to be retained upon a condition st

1972"In such cases, if the debtor tenders the sum as to which he is willing to concede a liability, on condition that it is to be accepted in full settlement, the creditor must decline the tender and not retain and use the money, check, or other thing of value offered in full settlement," and this is true "notwithstanding he protests, at the time, that the remainder of his claim is still due and owing." Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 , supra. "Nothing could be clearer than the proposition that where one person delivers to another property, to be retained upon a condition st

31915–1972
Campbell v. . Cronly green
nc · 1908
2 sentences

1940In Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 ( 61 S. E. 1134 ), it was said: “Where the aggregate amount of an account is in dispute, but the debtor concedes a liability for a part thereof, and tenders that sum in payment, on the condition that it shall be in full settlement, the creditor, by retaining and using the money, check, or other thing of value so tendered, extinguishes the whole account, notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” See Ryan v. Progressive Retail Publishing Co., 16 Ga. App. 83, 86 ( 84 S. E. 834 ).

1915The trial judge found for the defendant. 1. 'In Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 ( 61 S. E. 1134 ), this court held that, “where the aggregate amount of an account is in dispute, but the debtor concedes a liability for a part thereof, and tenders that sum in payment, on the condition that it shall be in full settlement, the creditor, by retaining and using the money, check, or other thing of value so tendered, extinguishes the whole account, notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” In that case Judge Powell, after

21915–1940
Georgia Power Co. v. Bray green
ga · 1974
2 sentences

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

12017–2017
Southwire Co. v. Department of Transportation green
gactapp · 1978
2 sentences

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

12017–2017
Department of Transportation v. Whitehead green
ga · 1984
2 sentences

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

12017–2017
Lee v. City of Atlanta green
gactapp · 1995
2 sentences

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

2017Miller, P. J., and Reese, J., concur. 1 White also filed an inverse condemnation case to preserve his rights to just compensation; however, that action is not before this Court at this time. 2 (Citations omitted.) Lee v. City of Atlanta , 219 Ga. App. 264 , 267 (4), 464 S.E.2d 879 (1995). 3 Id. at 265 (2), 464 S.E.2d 879 . 4 White leased the property to a discount retail chain store, but the lease ended and the store moved out of the property around the same time as the condemnation. 5 (Emphasis in original.) Dept. of Transp. v. Simon , 151 Ga. App. 807 , 810 (1), 261 S.E.2d 710 (1979), quotin

12017–2017
Gresham v. Gannon green
ga · 1979
2 sentences

2016See generally OCGA § 44-6-62; Gresham v. Gannon, 243 Ga. 269 ( 253 SE2d 748 ) (1979) (following failure of charitable devise, disposition of estate was controlled by reversionary clause in will).

2016See generally OCGA § 44-6-62; Gresham v. Gannon, 243 Ga. 269 ( 253 SE2d 748 ) (1979) (following failure of charitable devise, disposition of estate was controlled by reversionary clause in will).

12016–2016
Morton v. State green
ga · 1940
2 sentences

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

1999Id.

11999–1999
Stone v. State green
gactapp · 1999
1 sentence

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

11999–1999
Woityra v. State green
gactapp · 1994
2 sentences

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

1999Id. [12] (Punctuation omitted; emphasis in original.) Woityra v. State, 213 Ga.App. 89 (1), 443 S.E.2d 867 (1994). [13] Smith v. State, 236 Ga.App. 548, 551 (2), 512 S.E.2d 19 (1999). [14] (Emphasis supplied.) Brantley v. State, 226 Ga.App. 872, 874 (2)(b), 487 S.E.2d 412 (1997). [15] See Stone v. State, supra at 366(1), 511 S.E.2d 915 (1999); Pouncey v. Adams, 206 Ga.App. 126, 129-130 (2), 424 S.E.2d 376 (1992).

11999–1999
Lindsey v. Winn Dixie Stores, Inc. green
gactapp · 1988
2 sentences

1990“In cases where an employee is injured in a physical altercation with another person occurring on the job but stemming from personal animosity, his injuries will nevertheless be considered compensable under the Act if it is shown that the animosity arose from reasons related to the employee’s performance of his work-related duties. [Cits.] Conversely, if the animosity giving rise to the assault stemmed from reasons not related to the injured employee’s performance of his work, then his injuries will not be considered compensable under the Act. [Cits.]” Lindsey v. Winn Dixie Stores, 186 Ga. App

1990“In cases where an employee is injured in a physical altercation with another person occurring on the job but stemming from personal animosity, his injuries will nevertheless be considered compensable under the Act if it is shown that the animosity arose from reasons related to the employee’s performance of his work-related duties. [Cits.] Conversely, if the animosity giving rise to the assault stemmed from reasons not related to the injured employee’s performance of his work, then his injuries will not be considered compensable under the Act. [Cits.]” Lindsey v. Winn Dixie Stores, 186 Ga. App

11990–1990
Siegel v. State green
ga · 1949
2 sentences

1978Siegel v. State, 206 Ga. 252 ( 56 SE2d 512 ) (1949). (c) Although there may be no evidence of any felony other than the felonious assault on the victim, it is not error to charge on felony murder hnder an indictment for malice murder.

1978Siegel v. State, 206 Ga. 252 ( 56 SE2d 512 ) (1949). (c) Although there may be no evidence of any felony other than the felonious assault on the victim, it is not error to charge on felony murder hnder an indictment for malice murder.

11978–1978
Wilcox, Ives & Co. v. Rogers neutral
gactapp · 1913
2 sentences

1972Accord: Burgamy v. Holton, 165 Ga. 384, 396 ( 141 SE 42 ); Wilcox, Ives & Co. v. Rogers, 13 Ga. App. 410 ( 79 SE 219 ); Ryan v. Progressive Retailer Pub.

1972Accord: Burgamy v. Holton, 165 Ga. 384, 396 ( 141 SE 42 ); Wilcox, Ives & Co. v. Rogers, 13 Ga. App. 410 ( 79 SE 219 ); Ryan v. Progressive Retailer Pub.

11972–1972
Crowe v. State green
gactapp · 1968
2 sentences

1969The remainder of the instruction in the instant case is substantially the same as that portion of a similar instruction which was not held to be proscribed in Crowe v. State, 117 Ga. App. 598 ( 161 SE2d 512 ).

1969The remainder of the instruction in the instant case is substantially the same as that portion of a similar instruction which was not held to be proscribed in Crowe v. State, 117 Ga. App. 598 ( 161 SE2d 512 ).

11969–1969
Redmond & Co. v. Atlanta & Birmingham Air-Line Railway green
ga · 1907
1 sentence

1915Co., 129 Ga. 140 ( 58 S. E. 874 ); Walker v. O’Neill Mfg.

11915–1915
Chicago, Milwaukee & St. Paul Railway Co. v. Clark green
scotus · 1900
1 sentence

1915The trial judge found for the defendant. 1. 'In Bass Dry Goods Co. v. Roberts Coal Co., 4 Ga. App. 520 ( 61 S. E. 1134 ), this court held that, “where the aggregate amount of an account is in dispute, but the debtor concedes a liability for a part thereof, and tenders that sum in payment, on the condition that it shall be in full settlement, the creditor, by retaining and using the money, check, or other thing of value so tendered, extinguishes the whole account, notwithstanding he protests, at the time, that the remainder of his claim is still due and owing.” In that case Judge Powell, after

11915–1915
Hughes v. Dundee Mortgage Trust Investment Co. neutral
uscirct · 1886
1 sentence

1911See, also, to the same effect, Buck v. Wilson, 113 Pa. St. 423; Hughes v. Dundee Trust Co., 26 Fed. 831 , and many cases there cited.

11911–1911

Where else courts name it

NY 86 (1896–2025) CA 39 (1894–2025) IL 37 (1907–2026) TX 24 (1937–2026) MI 18 (1899–2025) FL 14 (1884–2025) MD 12 (1919–2026) GA 12 (1911–2024) PA 12 (1901–2026) OH 12 (1922–2023) MO 10 (1888–2023) IA 9 (1874–1998) TN 9 (2000–2023) WA 9 (1940–2024) NC 9 (2002–2026) UT 7 (1918–2014) KS 7 (1917–2020) AZ 6 (1938–1993) NM 6 (2006–2024) WI 6 (1936–2024) MS 5 (1992–2012) NJ 5 (1959–2009) KY 5 (1918–2025) NE 4 (1896–2021) CT 4 (1992–2025) OK 4 (1988–2010) LA 4 (1979–2018) OR 3 (1950–2003) IN 3 (1869–1993) DC 3 (1987–2009) MT 3 (1935–2007) WY 2 (2004–2018) CO 2 (1959–1996) MN 2 (1977–1998) AR 2 (1976–1987) VA 2 (1923–2018) HI 2 (2008–2017) MA 2 (2000–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check