Legal Opinion

Peoples Bank of LaGrange v. Ga. Bank &C. Co.

Court of Appeals of Georgia

Decided June 30, 1972No. 46993PublishedCited by 10 opinions

1Opinion of the Court

Quillian, Judge.

The appellee contends that the election by Peoples Bank to assert its claim against the United States Fidelity & Guaranty Company (hereinafter referred to as the bonding company) and its execution of a release to the bonding company bars its claim against Georgia Bank. This contention is based on the rules of law that a party can have but one satisfaction for injuries and that once a party elects one remedy and obtains satisfaction under that theory, he can assert no other inconsistent remedies. McLendon Bros. v. Finch, 2 Ga. App. 421 (3) (58 SE 690); Winn v. Nat. Bank of…

2Cases cited12 opinions

  1. Fitzgerald Cotton Oil Co. v. Farmers Supply Co.Court of Appeals of Georgia · 1907
  2. McLendon Bros. v. FinchCourt of Appeals of Georgia · 1907
  3. CINCINNATI, NO &C. R. CO. v. HilleyCourt of Appeals of Georgia · 1970
  4. State Farm Mutual Automobile Insurance Company v. Board of Regents of the University System of GeorgiaSupreme Court of Georgia · 1970
  5. Thompson v. MilamCourt of Appeals of Georgia · 1967

7 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Amalgamated Transit Union Local 1324 v. RobertsSupreme Court of Georgia · 1993
  2. Insurance Co. of North America v. FowlerCourt of Appeals of Georgia · 1978
  3. Providers Benefit Life Insurance v. Tidewater Group, Inc. (In Re Tidewater Group, Inc.)United States Bankruptcy Court, N.D. Georgia · 1981
  4. COOPER BY AND THROUGH COOPER v. AplinSupreme Court of Alabama · 1988
  5. Saunders, Stuckey & Mullis, Inc. v. Citizens Bank & Trust Co.Supreme Court of Georgia · 1995

5 more not listed; retrieve them via the Exa API.

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