Legal Opinion

National City Co. v. Mayor of Athens

Court of Appeals of Georgia

Decided August 29, 1928No. 18643PublishedCited by 4 opinions

1Opinion of the CourtJenkins, P. J.

1. It is the general rule that bank checks are not payment until themselves paid, the presumption being that the payee of a check takes it for collection and application, rather than as payment in and of itself. Civil Code (1910), § 4314. However, one receiving a *492bank check for collection and application must exercise reasonable diligence in presenting it for payment, and if he negligently holds it for an unreasonable time, without presentation, it is at his own risk. Lester-Whitney Shoe Co. v. Oliver Co., 1 Ga. App. 244 (58 S. E. 212). The rule governing the risk assumed by a payee by reason…

2Cases cited2 opinions

  1. City of Rome v. Breed, Elliot & HarrisonCourt of Appeals of Georgia · 1918
  2. Lester-Whitney Shoe Co. v. Oliver Co.Court of Appeals of Georgia · 1907

3Cited by4 opinions

  1. McEachern v. Industrial Life & Health InsuranceCourt of Appeals of Georgia · 1935
  2. Mars, Inc. v. ChubriloWisconsin Supreme Court · 1934
  3. Haralson v. Umatilla Citrus Growers Ass'nCourt of Appeals of Georgia · 1933
  4. City of Plainville v. Board of County CommissionersSupreme Court of Kansas · 1933

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