Aiken v. Bank of Georgia

101 Ga. App. 200 (1960)

113 S.E.2d 405

AIKEN

v.

BANK OF GEORGIA.

37838.

Court of Appeals of Georgia.

Decided January 5, 1960.

Rehearing Denied February 8, 1960.

Clifford Oxford, Thomas M. Stubbs, Jr., P. H. Antonion, for plaintiff in error.

Houston White, contra.

NICHOLS, Judge.

1. The action under consideration sounding in tort, the issue before this court as it was before the trial court on motion for judgment notwithstanding the verdict is not whether the bank, as against a proper defense by the judgment debtor, would be entitled to retain the proceeds of the bank account withdrawn by it from the…