Griffin Grocery Co. v. Reeves
Supreme Court of Georgia
Complaint. Before Judge Eeagan. Pike superior court. October 2, 1905. The Griffin Grocery Company alleged, in its petition, that BF. Eeeves was indebted to it in the sum of $218.32, besides interest, on three checks in its favor¿ drawn by him on the New South Savings Bank of Barnesville, which that bank had declined to honor on due presentation for payment.
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Complaint. Before Judge Eeagan. Pike superior court. October 2, 1905. The Griffin Grocery Company alleged, in its petition, that BF. Eeeves was indebted to it in the sum of $218.32, besides interest, on three checks in its favor¿ drawn by him on the New South Savings Bank of Barnesville, which that bank had declined to honor on due presentation for payment. In his answer the defendant admitted the execution of the Checks, but averred that he gave them under the following circumstances: A. G. Janes, the traveling representative of the plaintiff company, came to' the defendant’s store on the…
1Opinion of the CourtEvans, J.
(After stating the facts.) The battle before the jury was fought on the plea of payment. On this plea the evidence was conflicting, but was sufficient to uphold this defense. There was no evidence to the effect that the drawee bank had failed before presentation of the checks. On the contrary, it was undisputed that the bank continued business for some ten days subsequent to the time when the plaintiff contended it presented the cheeks for payment and payment was refused, and the time when the defendant contended the checks were actually paid. Under the circumstances of this ease it is not…
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