Mason v. Blayton

Eberhabdt, Judge.

We reverse. A check executed and delivered is a contract in writing by which the drawer contracts with the payee that the bank will pay to the latter or his order the amount designated, on presentation. Haynes v. Wesley, 112 Ga. 668 (2) (37 SE 990, 81 ASR 72). Code Ann. § 109A-3—104. “[T]here is little difference between a check and a demand note. Both are acknowledgments of indebtedness and an unconditional promise to pay.” Diemar & Kirk Co. v. Smart Styles, Inc., 261 N. C. 156, 159 (134 SE2d 134). It imports a consideration. Deal v. Atlantic C. L. R. Co., 225 Ala. 533, 538…