Simpson v. Pethel

1. In an action by the payee against the surviving partner of the maker, on a check drawn against partnership funds, the failure to allege presentment and notice of dishonor, or facts excusing such notice, is fatal to the declaration. Gainesville News v. Harrison, 58 Ga. App. 744, 745(6) (199 S. E. 559).

2. Where the allegations of the petition as amended and the exhibit attached thereto, show that the maker of the check drawn on partner- ■ ship funds and sued on, died more than seven months after the check was drawn, but failed to allege presentment to the drawee bank and notice of dishonor,…