Russ Togs, Inc. v. Gordon

Court of Appeals of Georgia

Russ Togs, Inc. v. Gordon

194 S.E.2d 280, 127 Ga. App. 520, 1972 Ga. App. LEXIS 935

CourtCourt of Appeals of Georgia

DecidedNovember 9, 1972

Docket47347

StatusPublished

Cited by3 cases

This text of 194 S.E.2d 280 (Russ Togs, Inc. v. Gordon) 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

Russ Togs, Inc. v. Gordon, 194 S.E.2d 280, 127 Ga. App. 520, 1972 Ga. App. LEXIS 935 (Ga. Ct. App. 1972).

Pincite

Opinion

Bell, Chief Judge.

Under the Uniform Commercial Code, a draft drawn on a bank and payable on demand is a check. Code Ann. § 109A-3 — 104. In this garnishment in attachment proceeding the garnishee on January 15, 1971, mailed at a United States Post Office a negotiable instrument drawn on a bank payable to defendants. It was received by defendants on or before January 18, 1971; summons of garnishment was served on the garnishee on January 19, 1971. Applying the above definition from the U. C. C., the instrument was a check. Once a check has been properly mailed and delivered to the *521 payee, the debt represented by the check is not subject to garnishment. Parker-Fain Grocery Co. v. Orr, 1 Ga. App. 628 (57 SE 1074).

Argued July 5, 1972 Decided November 9, 1972. Cotton, Katz & White, J. Timothy White, for appellant. Neely, Freeman & Hawkins, Andrew J. Hamilton, for appellees.

The grant of a summary jüdgment to the garnishee is

Affirmed.

Evans and Stolz, JJ., concur.

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Bell, Chief Judge.

Under the Uniform Commercial Code, a draft drawn on a bank and payable on demand is a check. Code Ann. § 109A-3 — 104. In this garnishment in attachment proceeding the garnishee on January 15, 1971, mailed at a United States Post Office a negotiable instrument drawn on a bank payable to defendants. It was received by defendants on or before January 18, 1971; summons of garnishment was served on the garnishee on January 19, 1971. Applying the above definition from the U. C. C., the instrument was a check. Once a check has been properly mailed and delivered to the *521 payee, the debt represented by the check is not subject to garnishment. Parker-Fain Grocery Co. v. Orr, 1 Ga. App. 628 (57 SE 1074).

Argued July 5, 1972 Decided November 9, 1972. Cotton, Katz & White, J. Timothy White, for appellant. Neely, Freeman & Hawkins, Andrew J. Hamilton, for appellees.

The grant of a summary jüdgment to the garnishee is

Affirmed.

Evans and Stolz, JJ., concur.

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Bluebook (online)

194 S.E.2d 280, 127 Ga. App. 520, 1972 Ga. App. LEXIS 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russ-togs-inc-v-gordon-gactapp-1972.

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