Ketcham v. Hines

1. Bank checks are not payment until themselves paid, without an express agreement that they are to be accepted as such. Civil Code (1910), § 4314; Norton v. Paragon Oil Co., 98 Ga. 468 (25 S. E. 501); Brantley Co. v. Leet 109 Ga. 478 (34 S. E. 574); Sims v. Bolton, 138 Ga. 73 (14 S. E. 770).

2. The command of a process final in its nature, directing a levying officer to make by levy and sale the sum of money mentioned therein, is not complied with by receipt of the debtor’s check, and where a levying officer, in lieu of the execution of the process, receives such check, he does so at his…