O.C.G.A. § 13-7-6 (2019)
Setoff of claims or demands against beneficiaries of suits
If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed.
History
(Orig. Code 1863, § 2844; Code 1868, § 2852; Code 1873, § 2903; Code 1882, § 2903; Civil Code 1895, § 3749; Civil Code 1910, § 4343; Code 1933, § 20-1304.)
Annotations
JUDICIAL DECISIONS Section applicable to suit by agent in own name upon contract made for principal’s benefit. - When an agent sues in the agent’s own name upon a contract made for benefit of the agent’s principal, the action will be subject to any defenses which defendant could lawfully assert against principal if action had been brought in name of latter; this rule as to defenses can have no application where instrument sued on is a sealed
instrument and principal does not appear to be a party thereto. Hollingsworth v. Georgia Fruit Growers, Inc., 185 Ga. 873, 196 S.E. 766 (1938). Cited in Wortsman v. Wade, 77 Ga. 651, 4 Am. St. R. 102 (1886); Summers v. Lee, 10 Ga. App. 441, 73 S.E. 602 (1912); National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256 (1966).
SETOFF AND RECOUPMENT RESEARCH REFERENCES
Am. Jur. 2d. - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, § 82.
C.J.S. - 70 C.J.S., Set-Off and Counterclaim, § 71.