American Trust & Banking Co. v. Harris

Court of Appeals of Georgia

American Trust & Banking Co. v. Harris

89 S.E. 1095, 18 Ga. App. 610, 1916 Ga. App. LEXIS 1137

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1916

Docket7506

StatusPublished

Cited by3 cases

This text of 89 S.E. 1095 (American Trust & Banking Co. v. Harris) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Trust & Banking Co. v. Harris, 89 S.E. 1095, 18 Ga. App. 610, 1916 Ga. App. LEXIS 1137 (Ga. Ct. App. 1916).

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Opinion

Hodges, J.

Harris, as guardian, sued the American Trust & Banking Company for a certain amount which he alleged was left' on deposit with the bank. The evidence offered by the plaintiff showed that Harris authorized the bank, through its cashier, Sterne, to lend on good security the money so deposited; that instead of the hank lending the money on good security, the amount was used by Sterne, the cashier, and his note for the amount was tendered to the guardian, and the guardian declined to accept the note. According to the plaintiff’s evidence, he was dealing with the hank, and not with Sterne in his individual capacity; and the money deposited by the plaintiff as guardian was surrendered by the hank to "Sterne without notice to the plaintiff or without an order from him to do so. According to the evidence in behalf of" the bank the plaintiff dealt with Sterne individually and authorized Sterne to lend the money to any one without security. The jury; resolved the issue of fact in favor of the plaintiff, and by its verdict held the hank liable to the guardian. A motion for new trial was made and overruled. The questions presented are disposed of in the headnotes, and it is not necessary to add to what is there said. Judgment affirmed.

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Hodges, J.

Harris, as guardian, sued the American Trust & Banking Company for a certain amount which he alleged was left' on deposit with the bank. The evidence offered by the plaintiff showed that Harris authorized the bank, through its cashier, Sterne, to lend on good security the money so deposited; that instead of the hank lending the money on good security, the amount was used by Sterne, the cashier, and his note for the amount was tendered to the guardian, and the guardian declined to accept the note. According to the plaintiff’s evidence, he was dealing with the hank, and not with Sterne in his individual capacity; and the money deposited by the plaintiff as guardian was surrendered by the hank to "Sterne without notice to the plaintiff or without an order from him to do so. According to the evidence in behalf of" the bank the plaintiff dealt with Sterne individually and authorized Sterne to lend the money to any one without security. The jury; resolved the issue of fact in favor of the plaintiff, and by its verdict held the hank liable to the guardian. A motion for new trial was made and overruled. The questions presented are disposed of in the headnotes, and it is not necessary to add to what is there said. Judgment affirmed.

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Bluebook (online)

89 S.E. 1095, 18 Ga. App. 610, 1916 Ga. App. LEXIS 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-trust-banking-co-v-harris-gactapp-1916.

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