Legal Opinion

Southern Exchange Bank v. Pope

Supreme Court of Georgia

Decided September 30, 1921No. 2156PublishedCited by 15 opinions

Equitable petition. Before Judge E. D. Grabam. Wheeler superior court. March 24, 1920. Daniel Pope sued the Bank of Alamo of Wheeler County, the Southern Exchange Bank of Dublin, Laurens County, and C. B. Williams of the latter county.

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Equitable petition. Before Judge E. D. Grabam. Wheeler superior court. March 24, 1920. Daniel Pope sued the Bank of Alamo of Wheeler County, the Southern Exchange Bank of Dublin, Laurens County, and C. B. Williams of the latter county. The substance of the petition here material is to the following effect: Pope as treasurer of Wheeler county had a deposit account with the Bank of Alamo, subject to his checks drawn in such official capacity, and subject also to ^warrants drawn on him as treasurer by the board of commissioners of roads and revenues of that county in favor of those to whom the…

1Opinion of the CourtFish, C. J.

(After stating the foregoing facts.)

1. The amendment to the petition was properly allowed over objection by the defendant “that it was irrelevant and immaterial and changed the cause of action and set up a new cause of action.'

2. Nor was it error to overrule the demurrers to the petition. “ A deposit may be for a specific purpose; as where money or property is delivered to the bank for some particular designated purpose, as a note for collection, money to pay a particular note or draft, etc. While such a deposit is sometimes termed a ‘ special deposit and partakes of the nature of a special…

2Cases cited7 opinions

  1. Dolph v. CrossSupreme Court of Iowa · 1911
  2. McGregor v. BattleSupreme Court of Georgia · 1907
  3. Fouche & Fouche v. Merchants National BankSupreme Court of Georgia · 1900
  4. Mayer & Lowenstein v. Chattahoochee National BankSupreme Court of Georgia · 1874
  5. Faircloth v. TaylorSupreme Court of Georgia · 1918

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3Cited by15 opinions

  1. Corp. Commission v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1927
  2. Gillen v. Wakefield State BankMichigan Supreme Court · 1929
  3. Adler v. HertlingCourt of Appeals of Georgia · 1994
  4. Blalock v. StateSupreme Court of Georgia · 1928
  5. Fralick v. Coeur D'Alene Bank & Trust Co.Idaho Supreme Court · 1922

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