Refrigeration Supplies, Inc. v. Bartley

240 S.E.2d 566, 144 Ga. App. 141, 23 U.C.C. Rep. Serv. (West) 365, 1977 Ga. App. LEXIS 2612

Opinions

Bell, Chief Judge.

1. The plaintiff was the co-payee of the checks drawn by one of defendants. The cashing bank and the drawee bank (also defendants in this case) paid these checks without the endorsement of the plaintiff. Thus, plaintiff was a damaged payee under the holding in Division 4 of Insurance Co. of N. A. v. Atlas Supply Co., 121 Ga. App. 1 (172 SE2d 632), which controls this case. It was error to grant the motions for summary judgment of defendants and their judgments are reversed.

2. There remain issues of fact with reference to the question of the amount of damages. Consequently, that part of the judgment denying the plaintiffs motion for summary judgment is affirmed.

Judgment reversed in part and affirmed in part.

Deen, P. J., Quillian, P. J., Webb, Shulman, Banke and Birdsong, JJ., concur. McMurray, J., concurs in part and dissents in part. Smith, J., dissents. Argued April 4, 1977 Decided November 2, 1977 Rehearing denied November 29, 1977 Martin, Kilpatrick & Davidson, Marcus B. Calhoun, Jr., for appellant. Willis & Carter, Grover C. Willis, Jr., Thompson & Redmond, Lee R. Redmond, Hatcher, Stubbs, Land, Hollis & Rothschild, Gary L. Coulter, Jerry A. Buchanan, for appellees.