Phillips v. Bullard
Supreme Court of Georgia
Evidence. Checks. Debtor and Creditor. New Trial. Before Judge Pate. Pulaski Superior Court. May Term, 1876. The following, taken in connection with the opinion, sufficiently reports this case: Defendant, after testifying that, at the time when the check was given, he had sufficient funds on deposit at the bank to meet the indebtedness, offered to prove that, at the close of the civil war, the bank was generally reputed to be insolvent.
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Evidence. Checks. Debtor and Creditor. New Trial. Before Judge Pate. Pulaski Superior Court. May Term, 1876. The following, taken in connection with the opinion, sufficiently reports this case: Defendant, after testifying that, at the time when the check was given, he had sufficient funds on deposit at the bank to meet the indebtedness, offered to prove that, at the close of the civil war, the bank was generally reputed to be insolvent. This evidence was rejected by the court. The court charged, among other things, substantially as follows: Bank checks are not payment until themselves paid.…
1Opinion of the Court
Jackson, Judge.
This was a suit on a bank check for $508.00, dated 1st of May, 1862. The check was given for services as overseer for the preceding year; the check was presented for payment in the fall, and payment was refused, except in Confederate *258money. The jury found for plaintiff $254.00 ; the defendant moved for a new trial; the motion was overruled, and defendant excepted.
1. The first question is, was it admissible to prove the insolvency of the bank by general reputation? We think it was not —13 Ga., 417. Besides, it was admitted by the defendant, in his own testimony, that the bank,…
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