Security Management Company, Inc. Et Al. v. King Et Al., 132 Ga. App. 618, 208 S.E.2d 576 (1974)
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Summary
Judgments affirmed. Bell, C. J., and Pannell, P. J., concur.
Summary
Judgments affirmed. Bell, C. J., and Pannell, P. J., concur.
Text
Alex McLennan, Scott Hogg, for appellees.Rose & Stern, George S. Stern, Benjamin Landey, for appellants.
D. Kimbrough King brought suit on a promissory note in the Civil Court of Fulton County against Security Management Company, Inc., as maker, and Bruce R. Davis, Security's president and chairman of the board, as unconditional guarantor. In a similar but separate suit K. Alton Conway sued defendants on a separate note executed to him. Plaintiffs also instituted pre-judgment garnishment proceedings in their respective suits. Each plaintiff moved for summary judgment in each case, and the trial court granted both motions in separate orders. Since the motions were heard together, defendants bring this joint appeal from both orders pursuant to Code Ann. 6-811. Held:
260 (
(b) Defendants enumerate as error the refusal of the trial court to rule upon the motions. No harmful error appears, however, since the court would have been bound to follow the ruling in Di-Chem, supra, holding the garnishment statutes constitutional, rather than a contrary holding in Morrow Electric Co. v. Cruse, 370 FSupp. 639 (D. C. Ga.). "[W]hile the decisions of the United States Supreme Court are binding upon our Georgia appellate courts (citations omitted), those of other Federal courts are not binding upon the Georgia appellate courts. [Citations omitted.]" Dodd v. Newton,
The cross-demand lacks mutuality. [Citations omitted.] It is well settled that a debt due by a partnership cannot be set off against a debt due by a third person to one of the firm. The firm and its individual members are different contractors; each is, in the eye of the law, a separate person." Metcalf v. Peoples Grocery Co.,
Oliver v. Godley,
1974
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