First National Bank v. McMillan Bros.
Court of Appeals of Georgia
Certiorari; from Cob.b superior court—Judge Patterson. January 17, 1914. An attachment for $29.85 was sued out by McMillan Brothers against L. C. Strong & Son, in a justice’s court, and was levied by serving process of garnishment on the Bank of Acworth, the holder of a fund amounting to $352.40, which was claimed by the First National Bank of Fayetteville, Tennessee.
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Certiorari; from Cob.b superior court—Judge Patterson. January 17, 1914. An attachment for $29.85 was sued out by McMillan Brothers against L. C. Strong & Son, in a justice’s court, and was levied by serving process of garnishment on the Bank of Acworth, the holder of a fund amounting to $352.40, which was claimed by the First National Bank of Fayetteville, Tennessee. Judgment was rendered in favor of the plaintiffs, and, on appeal to a jury in the justice’s court, a verdict was rendered in favor of the plaintiffs and against the claimant, and the fund in question was adjudged to be subject…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) 1. “When money is placed in a bank on general deposit, the title to the money immediately passes to the bank, and the relation of debtor and creditor is created between the bank and the depositor. The moment the deposit is made, the credit of the banker is substituted for the money.” McGregor v. Battle, 128 Ga. 577 (58 S. E. 28, 13 L. R. A. (N. S.) 185). The same rule applies to checks or drafts deposited by a customer, if when deposited -they are regarded by both parties-as equivalent to so much cash. The transaction amounts to a purchase of the check or…
2Cases cited15 opinions
- In re State BankSupreme Court of Minnesota · 1894
- McGregor v. BattleSupreme Court of Georgia · 1907
- Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
- Fourth National Bank v. MayerSupreme Court of Georgia · 1892
- National Gold Bank & Trust Co. v. McDonaldCalifornia Supreme Court · 1875
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3Cited by13 opinions
- Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
- Pike v. First National Bank of RomeCourt of Appeals of Georgia · 1959
- Palo Alto County v. UlrichSupreme Court of Iowa · 1924
- Adams County v. Meadows Valley BankIdaho Supreme Court · 1929
- Foster v. Peoples BankCourt of Appeals of Georgia · 1930
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