Legal Opinion

Jackson v. Fulton National Bank

Court of Appeals of Georgia

Decided January 11, 1933No. 22158PublishedCited by 5 opinions

1Opinion of the Court

Stephens,. J.

1. Whatever may be the right of a trustee who has deposited funds belonging to a beneficiary, in a bank, to maintain suit against the bank to recover the funds, such funds are neither in law nor in equity liable to the payment of the personal debts of the trustee, and are therefore not subject to garnishment for the trustee’s personal debt. 6 O. J. 206.

2. Before acceptance of a check by the drawee bank there is no privity of contract between the bank and the payee of the check, and the bank is not liable to the payee until the bank has accepted it or certified it: See Sinclair…

2Cases cited2 opinions

  1. Stone v. DowlingMichigan Supreme Court · 1899
  2. Sinclair Refining Co. v. Moultrie Banking Co.Court of Appeals of Georgia · 1932

3Cited by5 opinions

  1. C. & S. NAT. BANK v. Avco Fin. Serv., Inc.Court of Appeals of Georgia · 1973
  2. Georgia Bank & Trust Co. v. HadaritsCourt of Appeals of Georgia · 1965
  3. Wachovia Bank of Georgia, N.A. v. Unisys Finance Corp.Court of Appeals of Georgia · 1996
  4. Citizens & Southern National Bank v. AVCO Financial Services, Inc.Court of Appeals of Georgia · 1973
  5. Wachovia Bank of Georgia, N.A. v. Unisys Finance Corp.Court of Appeals of Georgia · 1996

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