West v. Federal Deposit Ins. Corp.

On Motion for Rehearing.

On motion for rehearing by the FDIC we are cited cases which have been previously considered and found to be inapposite and not controlling. These cases hold that a bank may become a holder of a check issued by or drawn on another bank. As stated in Pazol v. Citizens Nat. Bank of Sandy Springs, 110 Ga. App. 319, 320 (138 SE2d 442), where a bank credits to the deposit of its customer a check drawn on another bank and where the depositor withdraws substantially the entire proceeds of such check before the bank has notice of any infirmity, then the bank has given value…