Liberty Banking Co. v. Chatham Bank & Trust Co.
Court of Appeals of Georgia
Complaint; from city court of Savannah — Judge Freeman. July 28, 1919. The Liberty Banking Company sought to recover from the Chat-ham Bank & Trust Company the amount of a cashier’s check issued by the defendant and payable to the order of C. W. Smiley.
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Complaint; from city court of Savannah — Judge Freeman. July 28, 1919. The Liberty Banking Company sought to recover from the Chat-ham Bank & Trust Company the amount of a cashier’s check issued by the defendant and payable to the order of C. W. Smiley. The check was issued in behalf of a depositor, to be used in a loan to the payee, and was sent by an agent of the depositor to an attorney, who, by means of a forged indorsement of the payee’s name, obtained the money on it from the Liberty Banking Company, and that company, through an intermediate bank, collected it from the defendant bank,…
1Opinion of the CourtBloodworth, J.
The court did not err in its rulings on the demurrers, nor in excluding evidence, and a nonsuit was properly awarded.
Judgment affirmed.
Broyles, C. J., and Luke, J., concur. On the trial the plaintiff introduced in evidence parts of the defendant’s answer, which in substance were as follows: The defendant had on deposit to the credit of Noord Amerikaansche Hypotheekbank certain funds deposited for the purpose of making loans to be secured by deeds to real estate. The Georgia Land & Securities Company had negotiated a loan from these funds to C. 'W. Smiley, to be secured by deed to certain real…
2Cases cited8 opinions
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Wilson v. BarnardCourt of Appeals of Georgia · 1911
- Bruce v. Neal BankSupreme Court of Georgia · 1910
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