Legal Opinion
Southern Federal Savings & Loan Ass'n v. Firemen's Benevolent Ass'n
Court of Appeals of Georgia
Decided June 21, 1945No. 30897PublishedCited by 6 opinions
1Opinion of the Court
1. Where a depositor of a bank sues one of the depositor's officers to recover as the depositor's own the money which the officer has withdrawn from the bank in the depositor's name without authority, the depositor can not thereafter sue the bank to recover the deposit on the inconsistent theory that the money stolen by the officer belonged to the bank.
2, 3. In view of the foregoing ruling it is not necessary to pass on grounds 2 and 3 of the exception to the judgment.
4. The point made in ground 4 is not involved in this case under the pleadings.
DECIDED JUNE 21, 1945. REHEARING DENIED JULY…
2Cases cited19 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Rowland Co. v. Kell Co.Court of Appeals of Georgia · 1921
- Equitable Life Assurance Society v. MaySupreme Court of Georgia · 1889
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- The Citizens and Southern National Bank v. American Surety Company of New YorkCourt of Appeals for the Fifth Circuit · 1965
- Rains v. Dolphin Mortgage Corp.Court of Appeals of Georgia · 1999
- Winn v. National Bank of AthensCourt of Appeals of Georgia · 1964
- Padgett v. CollinsCourt of Appeals of Georgia · 1954
- Padgett v. CollinsCourt of Appeals of Georgia · 1954
1 more not listed; retrieve them via the Exa API.