Bailie v. Augusta Savings Bank
Supreme Court of Georgia
Complaint. Before Judge Eve. City court of Richmond county. May term, 1894. Suit was brought by Sarah R. Bailie against the Augusta Savings Bank for $1,000 and interest, claimed to be due on account of the non-payment by the bank of the principal sum on demand, which sum was claimed to have been deposited with the bank for her by her trustee. The jury found for the bank, and the plaintiff excepted to the refusal of a new trial.
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Complaint. Before Judge Eve. City court of Richmond county. May term, 1894. Suit was brought by Sarah R. Bailie against the Augusta Savings Bank for $1,000 and interest, claimed to be due on account of the non-payment by the bank of the principal sum on demand, which sum was claimed to have been deposited with the bank for her by her trustee. The jury found for the bank, and the plaintiff excepted to the refusal of a new trial. Among other evidence introduced was the following statement of facts agreed to by both sides: Prior to November 21, 1891, plaintiff had been a depositor with…
1Opinion of the Court
Simmons, Chief Justice.
1. In the absence of anything indicating a different understanding, a hank which in the ordinary course of business receives from a depositor a check upon another bank and credits it on his deposit-book, not as cash, but as a check, will not be held to be an absolute purchaser of the check. “If a bank does not wish to assume the relation of a debtor for the paper to the depositor, this intention may be manifested in a very explicit manner by crediting the paper as paper.” St. Louis etc. Ry. Co. v. Johnston, 23 Blatch. 492 ; Thompson v. Giles, 2 Barn. & Cress. 422; 2…
2Cases cited21 opinions
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- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hoover v. WiseSupreme Court of the United States · 1876
- Merchants National Bank v. GuilmartinSupreme Court of Georgia · 1892
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3Cited by21 opinions
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- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
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