Atlanta National Bank v. Davis
Supreme Court of Georgia
Action for damages. Before Judge Westmoreland. City court of Atlanta. September term, 1894. To the facts appearing in the opinion it is pi’oper to add only the following: The check was for $12.48, dated August 15,18931 It was sent by the plaintiff in payment of a bill due by him to a person in Tennessee.
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Action for damages. Before Judge Westmoreland. City court of Atlanta. September term, 1894. To the facts appearing in the opinion it is pi’oper to add only the following: The check was for $12.48, dated August 15,18931 It was sent by the plaintiff in payment of a bill due by him to a person in Tennessee. It was there deposited in a bank which forwarded it to the defendant bank for payment, from which it was returned unpaid, with a note stating: “Reasons for refusal, if any, indorsed on back of paper.” No reason was so indorsed or elsewhere stated. Plaintiff had over $300 to his credit in the…
1Opinion of the Court
Lumpkin, Justice.
1. The plaintiff’s check came by due course of mail to the defendant bank, upon which it was drawn, and in which he had on deposit at the time sufficient funds with which to pay it. The check was returned unpaid. It seems clear from the evidence that this was done, not deliberately or maliciously, but in consequence of a mistake made by one of the employees of the bank. The paper was not protested nor wilfully dishonored. Still, *336so lar as the plaintiff is concerned, we think what occurred amounted to a refusal to pay his cheek. The consequences to him resulting from the…
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