Legal Opinion
Insurance Co. of North America v. Atlas Supply Co.
Court of Appeals of Georgia
Decided January 7, 1970No. 44830, 44803, 44829PublishedCited by 45 opinions
1Opinion of the Court
Bell, Chief Judge.
Case No. 44830. The material facts are not in dispute. The controlling fact is that plaintiff is an unpaid materialman who is protected by the bond upon which this action is based. See Code Ann. §§ 23-1705, 23-1708. The agreement between Collett, Barnett, and Atlas Supply to issue the checks jointly and the fact that Barnett’s bank accepted, deposited and negotiated the checks issued by defendant Collett without plaintiff’s indorsement will not operate as payment so as to discharge defendants’ obligation under the bond as contended by them. See Code Ann. § 23-1705 et seq.…
2Cases cited4 opinions
- Pacific Metals Co. v. TRACY-COLLINS BANK & TRUSTUtah Supreme Court · 1968
- United States Fidelity & Guaranty Co. v. Peoples National Bank of KewaneeAppellate Court of Illinois · 1960
- Koppers Co. v. ParksCourt of Appeals of Georgia · 1969
- Dunham v. United StatesDistrict Court, D. Connecticut · 1967
3Cited by45 opinions
- Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
- Perini Corp. v. First National BankCourt of Appeals for the Fifth Circuit · 1977
- Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, and the Fulton National Bank of Atlanta, GeorgiaCourt of Appeals for the First Circuit · 1977
- Robinson v. BomarCourt of Appeals of Georgia · 1970
- Trust Co. v. Refrigeration Supplies, Inc.Supreme Court of Georgia · 1978
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