McMichen v. Georgia State Bank

Court of Appeals of Georgia

McMichen v. Georgia State Bank

252 S.E.2d 198, 148 Ga. App. 680, 1979 Ga. App. LEXIS 1607

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1979

Docket56842, 56843

StatusPublished

Cited by2 cases

This text of 252 S.E.2d 198 (McMichen v. Georgia State 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.

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McMichen v. Georgia State Bank, 252 S.E.2d 198, 148 Ga. App. 680, 1979 Ga. App. LEXIS 1607 (Ga. Ct. App. 1979).

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Opinion

Smith, Judge.

In his suit against Georgia State Bank, McMichen predicated his claim on the bank’s alleged wrongful dishonor of a certain check. Uncontradicted evidence established that, at the time McMichen issued the check and at all times thereafter, there were no funds in McMichen’s account. The dishonor was not wrongful, and the trial court did not err in granting the bank’s motion for summary judgment. Insofar as the appellant has filed two identical notices of appeal from the same judgment, the judgment is affirmed in the first appeal, and the second appeal is dismissed.

Judgment affirmed in Case No. 56842; appeal *681 dismissed in Case No. 56843.

Submitted November 13, 1978 Decided January 11, 1979. Richard A. Thibadeau, for appellant. Kyle Yancey, Holcomb & McDuff, Clinton A. Harkins, Ray Gary, for appellee. Deen, P. J., and Banke, J., concur.

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Smith, Judge.

In his suit against Georgia State Bank, McMichen predicated his claim on the bank’s alleged wrongful dishonor of a certain check. Uncontradicted evidence established that, at the time McMichen issued the check and at all times thereafter, there were no funds in McMichen’s account. The dishonor was not wrongful, and the trial court did not err in granting the bank’s motion for summary judgment. Insofar as the appellant has filed two identical notices of appeal from the same judgment, the judgment is affirmed in the first appeal, and the second appeal is dismissed.

Judgment affirmed in Case No. 56842; appeal *681 dismissed in Case No. 56843.

Submitted November 13, 1978 Decided January 11, 1979. Richard A. Thibadeau, for appellant. Kyle Yancey, Holcomb & McDuff, Clinton A. Harkins, Ray Gary, for appellee. Deen, P. J., and Banke, J., concur.

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252 S.E.2d 198, 148 Ga. App. 680, 1979 Ga. App. LEXIS 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmichen-v-georgia-state-bank-gactapp-1979.

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