Arnold v. Citizens Bank of Americus

Court of Appeals of Georgia

Arnold v. Citizens Bank of Americus

172 S.E.2d 655, 121 Ga. App. 49, 1970 Ga. App. LEXIS 1098

CourtCourt of Appeals of Georgia

DecidedJanuary 6, 1970

Docket44763

StatusPublished

This text of 172 S.E.2d 655 (Arnold v. Citizens Bank of Americus) 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

Arnold v. Citizens Bank of Americus, 172 S.E.2d 655, 121 Ga. App. 49, 1970 Ga. App. LEXIS 1098 (Ga. Ct. App. 1970).

Pincite

Opinion

Pannell, Judge.

Upon prior appeal of this case to this court (Arnold v. Citizens Bank of Americus, 117 Ga. App. 182 (160 SE2d 463)) the grant of a summary judgment in favor of the plaintiff appellee bank seeking to recover the amount of two erroneous deposits made to the account of the appellant defendants was reversed on the grounds therein stated. Another motion for summary judgment was made in behalf of the plaintiff which was granted, and the same appellant again appeals to this court. Under the law of the case as established by the prior ruling on appeal, while there is proof that all funds withdrawn from the account were withdrawn by either or both of the appellants it does not show how much was received by each, and so, under the prior decision in the same case, a genuine issue still remains as to who received the erroneous deposits.

Judgment reversed.

Quillian and Evans, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Pannell, Judge.

Upon prior appeal of this case to this court (Arnold v. Citizens Bank of Americus, 117 Ga. App. 182 (160 SE2d 463)) the grant of a summary judgment in favor of the plaintiff appellee bank seeking to recover the amount of two erroneous deposits made to the account of the appellant defendants was reversed on the grounds therein stated. Another motion for summary judgment was made in behalf of the plaintiff which was granted, and the same appellant again appeals to this court. Under the law of the case as established by the prior ruling on appeal, while there is proof that all funds withdrawn from the account were withdrawn by either or both of the appellants it does not show how much was received by each, and so, under the prior decision in the same case, a genuine issue still remains as to who received the erroneous deposits.

Judgment reversed.

Quillian and Evans, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

172 S.E.2d 655, 121 Ga. App. 49, 1970 Ga. App. LEXIS 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-citizens-bank-of-americus-gactapp-1970.

Opinion

Related

Cite This Page — Counsel Stack