Legal Opinion · Concurrence

Menke v. First National Bank

Court of Appeals of Georgia

Decided October 3, 1983No. 66093, 66094, 66095Published

1ConcurrenceDeen, Presiding Judge

While agreeing with most of what is said in the majority opinion some reservations must be observed.

Cases referred to in the majority opinion appear to support the proposition that where notice is attempted to be effectuated by mail in certain particular cases, as here, there must be proof that the notice was actually given and received and not just sent before any legal action can be taken by sender. Genone v. Citizens Ins. Co. of N. J., 207 Ga. 83, 86 (2) (60 SE2d 125) (1950). The presumption of receipt raised by mailing to the last known address, with sufficient first-class postage…

2Cases cited18 opinions

  1. Brown v. MatthewsSupreme Court of Georgia · 1887
  2. Allen Kane's Major Dodge, Inc. v. BarnesSupreme Court of Georgia · 1979
  3. Mockowik v. Kansas CitySupreme Court of Missouri · 1906
  4. Genone v. Citizens Ins. Co. of New JerseySupreme Court of Georgia · 1950
  5. Kinnebrew v. StateSupreme Court of Georgia · 1887

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