Yatesville Banking Co. v. Fourth National Bank
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Keid. The Yatesville Banking Company brought suit against the Fourth National Bank, and laid two counts in the petition.
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Complaint; from city court of Atlanta — Judge Keid. The Yatesville Banking Company brought suit against the Fourth National Bank, and laid two counts in the petition. The substance of these counts may be stated thus: In the first count it is alleged, that the plaintiff sues for the use of McNeice and certain other persons, whose names are set out, and that the defendant is liable to the plaintiff in the sum of $3,612, because, on July 7, 1907, the plaintiff issued a certain cashier’s check for that sum of money, payable to North Penn Iron Company; that on or about July 10, 1907, the defendant…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.) The demurrer was general, but the defendant in error alleges the following grounds why it should have been sustained-; (1) that it is not alleged’that reasonable notice of the forgery was given to the plaintiff, and that reasonable demand for the return of the money was not made; (3) that the cashier’s cheek turned over to the plaintiff was not returned or tendered to the defendant before the suit was brought; (3) that it appears that the money paid out by the Yates-ville Banking Company was repaid by the usees named in the action, before this suit was…
2Cases cited2 opinions
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Norcross Butter & Cheese Manufacturing Co. v. SummerourSupreme Court of Georgia · 1901
3Cited by15 opinions
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- Atlanta Cadillac Co. v. ManleyCourt of Appeals of Georgia · 1923
- Moler v. State Bank of BigelowSupreme Court of Minnesota · 1929
- Security Sav. Bank of Covington v. First National Bank of Michigan CityCourt of Appeals for the Sixth Circuit · 1939
- Cairo Banking Co. v. WestSupreme Court of Georgia · 1939
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