Legal Opinion

Spurlock v. Commercial Banking Co.

Court of Appeals of Georgia

Decided May 12, 1976No. 51863PublishedCited by 20 opinions

1Opinion of the Court

Clark, Judge.

This is a case of first impression as to the primary issue: Can a lender bank holding a security agreement executed by only one of two joint owners of a certificate of deposit with right of survivorship deduct upon the loan’s maturity the debt owed by its borrower from the proceeds of the joint deposit certificate after the death of the individual borrower? Other legal problems presented in this appeal are also discussed in the opinion.

On November 15, 1971, Commercial Banking Company of Hahira, ("Bank”), a Georgia banking corporation, issued its certificate of deposit in the…

2Cases cited22 opinions

  1. Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
  2. Halleck v. HALLECKOregon Supreme Court · 1959
  3. People Ex Rel. Department of Public Works v. NogarrCalifornia Court of Appeal · 1958
  4. Clark v. BridgesSupreme Court of Georgia · 1927
  5. Beiter v. Decatur Federal Savings & Loan Ass'nSupreme Court of Georgia · 1966

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

3Cited by20 opinions

  1. T & B Scottdale Contractors, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1989
  2. Commercial Banking Co. v. SpurlockSupreme Court of Georgia · 1977
  3. Albro v. AllenMichigan Supreme Court · 1990
  4. Heffernan v. Wollaston Credit UnionMassachusetts Appeals Court · 1991
  5. Franke v. Third National Bank & Trust Co.Ohio Court of Appeals · 1986

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API