Russ Togs, Inc. v. Gordon

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

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 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.