Legal Opinion
American Surety Co. v. Bank of Dawson
Court of Appeals of Georgia
Decided July 17, 1931No. 21142PublishedCited by 4 opinions
1Opinion of the CourtJenkins, P. J.
1. “A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check.” Ga. L. 1924, pp. 126, 163; Michie’s Code (1926), § 41294 (189).
2. The general rule is that where money is placed in a bank on general deposit, title passes immediately to the bank, and the relation of debtor and creditor is thereby created between the bank and the depositor, the credit of the bank being substituted for the money. McGregor v. Battle, 128 Ga. 577 (58 S. E. 28, 13…
2Cases cited8 opinions
- McGregor v. BattleSupreme Court of Georgia · 1907
- Mayer & Lowenstein v. Chattahoochee National BankSupreme Court of Georgia · 1874
- Trustees of Howard College v. PaceSupreme Court of Georgia · 1854
- Southern Exchange Bank v. PopeSupreme Court of Georgia · 1921
- Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National City Bank v. BusbinCourt of Appeals of Georgia · 1985
- Henson v. LambWest Virginia Supreme Court · 1938
- Lummus Supply Co. v. Fidelity Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1977
- Kopp Clay Co. v. State Ex Rel. FultonOhio Supreme Court · 1932