Tifton Bank & Trust Co. v. Knight's Furniture Co.

1. I concur in Division 1 but not in all that is written.

In this case we are eliminating the implied authority of an attorney to endorse the name of the attorney’s client on a negotiable instrument. No longer does this authority arise out of the statutory provision that “[t]he agent’s authority shall be construed to include all necessary and usual means for effectually executing it.” OCGA § 10-6-50. When John Bean Mfg. Co. v. Citizens Bank of Gainesville, 60 Ga. App. 615 (4 SE2d 924) (1939) was decided, that was Code § 4-301.

Both then and now, the Code section continues: “Private instructions…