G. Franklyn Fischer & Associates, Inc. v. First National Bank

Nichols, Judge.

No contention is made that the allegations of the petition show that the plaintiff complied with Code § 13-2044 so as to authorize a recovery thereunder, and the sole contention made is that sufficient facts are alleged in the petition to excuse the plaintiff from having to comply with such section. Under the decision of this court in the case of White v. Georgia R. Bank &c. Co., 71 Ga. App. 78 (30 S. E. 2d 118), and the cases there cited, there are circumstances wherein the notice referred to in such Code section need not be given, and it is only when a bank has in good faith…