Legal Opinion
Southern Fruit Distributors Inc. v. Citizens Bank
Court of Appeals of Georgia
Decided February 19, 1932No. 21573PublishedCited by 7 opinions
1Opinion of the CourtBell, J.
1. When a check or draft is deposited in a bank and is credited to the account of the depositor, but no money is advanced or paid thereon, and nothing further appears, the presumption is that until payment by the maker or drawee the bank holds the instrument for collection only; and this is true notwithstanding the depositor may have indorsed the instrument in blank. Freeman v. Exchange Bank, 87 Ga. 45 (13 S. E. 160); Spooner v. Bank of Donalsonville, 144 Ga. 745 (2) (87 S. E. 1062) ; Cronheim v. Postal Telegraph Co., 10 Ga. App. 716 (74 S. E. 78) ; First National Bank v. McMillan, 15 Ga.…
2Cases cited12 opinions
- Fourth National Bank v. MayerSupreme Court of Georgia · 1892
- National Bank v. EverettSupreme Court of Georgia · 1911
- Freeman v. Exchange BankSupreme Court of Georgia · 1891
- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
- First National Bank v. McMillan Bros.Court of Appeals of Georgia · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pike v. First National Bank of RomeCourt of Appeals of Georgia · 1959
- Lowrance Motor Co. v. First National Bank of AuburnCourt of Appeals for the Fifth Circuit · 1956
- Coastal Plains Trucking Co. v. Thomas County Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1997
- Rowland v. Farmers BankCourt of Appeals of Georgia · 1935
- Lowrance Motor Company, Inc., Also Known as Lowrance Buick Company, Inc., and Winfred Lowrance v. The First National Bank of Auburn, Auburn, Alabama, First National Bank of Auburn, Auburn, Alabama, Cross-Appellant v. Lowrance Motor Company, Inc., Also Known as Lowrance Buick Company, Inc., and Winfred Lowrance, Cross-AppelleesCourt of Appeals for the First Circuit · 1957
2 more not listed; retrieve them via the Exa API.