Hillsinger v. Georgia Railroad Bank
Supreme Court of Georgia
Certiorari. -Before Judge Callaway. Richmond superior court. October term, 1898. Garnishment against the Georgia Railroad Bank was issued in behalf of Hillsinger, in a suit pending in a justice's court. The bank answered, denying that it owed the defendant anything.
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Certiorari. -Before Judge Callaway. Richmond superior court. October term, 1898. Garnishment against the Georgia Railroad Bank was issued in behalf of Hillsinger, in a suit pending in a justice's court. The bank answered, denying that it owed the defendant anything. The answer was traversed; and the case was tried by the magistrate upon an agreed statement of facts, from which it appeared that on April 19, 1898, the bank issued to the defendant a certificate reciting that he had deposited in the bank a stated sum, “ payable to the order of himself on return of this certificate properly…
1Opinion of the CourtLumpkin, P. J.
This case turns upon the determination of a single question, viz., whether or not a certificate of deposit issued by a bank, in the form below given, is due immediately or only upon presentation thereof at the bank with a demand for payment: “Georgia Railroad Bank. No. 3013. Augusta, Ga., April 19th, 1898. Arnt Anderson has deposited in this Bank Forty 00/100 Dollars, payable to the order of himself on return of this certificate properly endorsed. Not subject to draft." [Signed] C. G. Goodrich, Cashier.” The real inquiry is: What construction should be placed upon the words, “on return of…
2Cases cited3 opinions
- Hotel Lanier Co. v. JohnsonSupreme Court of Georgia · 1898
- Lynch v. GoldsmithSupreme Court of Georgia · 1879
- Morrison v. MorrisonSupreme Court of Georgia · 1897
3Cited by6 opinions
- Verdi v. Helper State BankUtah Supreme Court · 1921
- Shaw v. McBrideCourt of Appeals of Texas · 1928
- Barrett v. FosterSupreme Court of Kansas · 1923
- Baxley Banking Co. v. GaskinsSupreme Court of Georgia · 1916
- Chandler v. SmithSupreme Court of Georgia · 1918
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