Feeney v. Decatur Developing Co.

It appears to me that the bank had no cause of action arising out of any fraud perpetrated by the defendants upon the bank, but that there was a cause of action in the bank arising out of the failure of the defendants to make good the proceeds of the draft which the bank deposited to their credit and which they withdrew from the bank. Whatever cause of action the bank may have had against the defendants, whether it arose ex contractu or ex delicto, involved a right of property, and was therefore assignable. See Civil Code (1910), § 3655; Information Buying Co. v. Morgan, 39 Ga. App. 292 (147…