Lanier v. Waddell

When this action on a check was previously before this court (Lanier v. Waddell, 80 Ga. App. 713, 57 S. E. 2d, 240), it was held that the petition, • which was defective in that it failed to allege presentment and notice of dishonor, was amendable to show waiver of these elements. The petition as amended alleged that the check for $524 was drawn by the defendant to the plaintiff’s order after a settlement of accounts; and that the parties had agreed that the check was not to be presented to the drawee bank, since the defendant had no funds therein. The check, with credits of $23.96 and $50…