Legal Opinion

Foster v. Peoples Bank

Court of Appeals of Georgia

Decided August 18, 1933No. 22627PublishedCited by 4 opinions

1Opinion of the CourtSutton, J.

1. As “a general rule, when a hank receives a cheek from a depositor for collection, it must return to him either the cheek or the money. If the collecting bank surrenders the check to the bank on which it is drawn, and accepts a cashier’s check or other obligation in lieu thereof, its liability to its depositor is fixed, as if it had received the cash. It has no right, unless specially authorized to do so, to accept anything in lieu of money.” Empire Cotton-Oil Co. v. Sellars, 18 Ga. App. 377, 379 (89 S. E. 454). While it has been held that custom *448or usage may justify a collecting bank in…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Midland National Bank of Kansas City v. BrightwellSupreme Court of Missouri · 1899
  2. Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
  3. Comer v. DufourSupreme Court of Georgia · 1895
  4. National Bank of Commerce v. American Exchange BankSupreme Court of Missouri · 1899
  5. Pollak Bros. v. Niall-Herin Co.Supreme Court of Georgia · 1911

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

3Cited by4 opinions

  1. Nash Motors Co. v. Harrison Co.Court of Appeals of Georgia · 1935
  2. Peoples Bank v. FosterSupreme Court of Georgia · 1934
  3. City National Bank v. Bob's Candy & Pecan Co.Court of Appeals of Georgia · 1937
  4. Peoples Bank v. FosterCourt of Appeals of Georgia · 1936

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