Legal Opinion
Lambeth v. Lewis
Court of Appeals of Georgia
Decided June 16, 1966No. 42025PublishedCited by 6 opinions
1Opinion of the Court
Jordan, Judge.
This is an appeal from the judgment of the trial court overruling the general demurrer of the defendant administrator to a petition seeking to recover on a check issued to the plaintiff payee by the decedent before his death. The petition affirmatively showed that the plaintiff had not presented the check to the bank for payment, or otherwise negotiated it, during the drawer’s lifetime.
1. A check does not of itself operate as an assignment of any part of the drawer’s funds deposited with the bank upon which the check is drawn (Code Ann. § 109A-3 — 409, former Code § 14-1707;…
2Cases cited6 opinions
- McIntire v. RaskinSupreme Court of Georgia · 1931
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Bank of Hamilton v. WilliamsSupreme Court of Georgia · 1916
- Felder v. FelderCourt of Appeals of Georgia · 1944
- Aiken Bag Corporation v. McLeodCourt of Appeals of Georgia · 1954
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harris v. Harbin Lumber Co. of Royston (In Re Ellison)United States Bankruptcy Court, M.D. Georgia · 1983
- Stewart v. Citizens & Southern National BankCourt of Appeals of Georgia · 1976
- Holsomback v. AkinsCourt of Appeals of Georgia · 1975
- Cirar v. Bank of HartshorneSupreme Court of Oklahoma · 1977
- Refrigeration Supplies, Inc. v. BartleyCourt of Appeals of Georgia · 1977
1 more not listed; retrieve them via the Exa API.