Leakey v. Duke

Gardner, J.(a) G. T. Duke and J. R. Duke, doing business as Duke’s Poultry Market, brought a bail-trover action against Robert A. Leakey in the Civil Court of Fulton County, for a check in the sum of $200 bearing date of December 12, 1947, payable to Robert A. Leakey, drawn on the Citizens & Southern National Bank, signed by Duke’s Poultry Market by J. R. Duke, being check No. 501, certified by said bank.

The defendant, before pleading to the merits, filed a general demurrer, which was overruled. No exceptions pendente lite were filed. The case proceeded to trial before a judge of said court,…