Coppage Bros. v. Exchange Bank

Court of Appeals of Georgia

Coppage Bros. v. Exchange Bank

114 S.E. 68, 29 Ga. App. 126, 1922 Ga. App. LEXIS 99

CourtCourt of Appeals of Georgia

DecidedSeptember 30, 1922

Docket12793

StatusPublished

This text of 114 S.E. 68 (Coppage Bros. v. Exchange Bank) 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

Coppage Bros. v. Exchange Bank, 114 S.E. 68, 29 Ga. App. 126, 1922 Ga. App. LEXIS 99 (Ga. Ct. App. 1922).

Pincite

Opinion

Stephens, J.

This being a' suit to recover the amount of a check drawn by the defendant, payable to a third person, and by the latter transferred to the plaintiff, and the evidence demanding the inference that the check sued on was, within a reasonable time, presented to the bank upon which it was drawn, and therefore before it was overdue, and was transferred to and received by the plaintiff, in payment of an indebtedness due to the plaintiff by such third person evidenced by another check from such person to the plaintiff, which had been dishonored, and that the plaintiff had delivered up to such person the dishonored check, which was a surrender of something of value, and in payment of the same had accepted the check sued on, such transfer, being for a consideration and before maturity, operated as a payment of the indebtedness represented by the dishonored check, and, in the absence of any notice to the transferee of any equities existing between the maker and the payee, a verdict in favor of the plaintiff against the maker for the amount of the check was properly directed.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

This being a' suit to recover the amount of a check drawn by the defendant, payable to a third person, and by the latter transferred to the plaintiff, and the evidence demanding the inference that the check sued on was, within a reasonable time, presented to the bank upon which it was drawn, and therefore before it was overdue, and was transferred to and received by the plaintiff, in payment of an indebtedness due to the plaintiff by such third person evidenced by another check from such person to the plaintiff, which had been dishonored, and that the plaintiff had delivered up to such person the dishonored check, which was a surrender of something of value, and in payment of the same had accepted the check sued on, such transfer, being for a consideration and before maturity, operated as a payment of the indebtedness represented by the dishonored check, and, in the absence of any notice to the transferee of any equities existing between the maker and the payee, a verdict in favor of the plaintiff against the maker for the amount of the check was properly directed.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

114 S.E. 68, 29 Ga. App. 126, 1922 Ga. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coppage-bros-v-exchange-bank-gactapp-1922.