Legal Opinion
Commercial Banking Co. v. Spurlock
Supreme Court of Georgia
Decided January 4, 1977No. 31444PublishedCited by 32 opinions
1Opinion of the Court
Ingram, Justice.
We granted certiorari in this case to consider whether a bank which holds a note and security agreement executed by only one of two joint owners of a certificate of deposit with the right of survivorship, may set off the individual debt against the joint certificate of deposit after the death of the individual debtor. The Court of Appeals, in Spurlock v. Commercial Bkg. Co., 138 Ga. App. 892 (227 SE2d 790) (1976), held that the setoff was improper and that the surviving depositor was entitled to recover the full amount of the certificate of deposit. We think the Court of…
2Cases cited13 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- People Ex Rel. Department of Public Works v. NogarrCalifornia Court of Appeal · 1958
- Sams v. McDonaldCourt of Appeals of Georgia · 1968
- Spurlock v. Commercial Banking Co.Court of Appeals of Georgia · 1976
- De Forge v. PatrickNebraska Supreme Court · 1956
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3Cited by32 opinions
- Olson v. FraaseNorth Dakota Supreme Court · 1988
- Wightman v. American National Bank of RivertonWyoming Supreme Court · 1980
- T & B Scottdale Contractors, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1989
- Albro v. AllenMichigan Supreme Court · 1990
- Glisson v. FreemanCourt of Appeals of Georgia · 2000
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