Sadow v. King

Court of Appeals of Georgia

Sadow v. King

101 S.E.2d 878, 96 Ga. App. 899, 1958 Ga. App. LEXIS 942

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1958

Docket36956

StatusPublished

This text of 101 S.E.2d 878 (Sadow v. King) 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

Sadow v. King, 101 S.E.2d 878, 96 Ga. App. 899, 1958 Ga. App. LEXIS 942 (Ga. Ct. App. 1958).

Pincite

Opinion

Quillian, Judge.

1. Where the petition in a suit on a check by the payee against the drawer does not allege presentment to the drawee for payment, dishonor and the giving of notice of such dishonor to the drawer, as required by Code Chapter 14-8, or facts excusing such notice, it is subject to general demurrer. Gainesville News v. Harrison, 58 Ga. App. 744 (6) (199 S. E. 559); Simpson v. Pethel, 82 Ga. App. 374 (61 [900]*900S. E. 2d 154). An allegation that payment of the check was duly demanded is not a sufficient averment of demand and dishonor. Boatenreiter v. Williams, 58 Ga. App. 635 (199 S. E. 558).

Decided January 23, 1958. Isidore A. Blanch, for plaintiff in error. Noah J. Stone, contra.

2. Where no exception is taken to a refusal or failure of the trial judge to allow an opportunity to amend pleadings stricken on demurrer, the point cannot be urged for the first time in this court.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

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Quillian, Judge.

1. Where the petition in a suit on a check by the payee against the drawer does not allege presentment to the drawee for payment, dishonor and the giving of notice of such dishonor to the drawer, as required by Code Chapter 14-8, or facts excusing such notice, it is subject to general demurrer. Gainesville News v. Harrison, 58 Ga. App. 744 (6) (199 S. E. 559); Simpson v. Pethel, 82 Ga. App. 374 (61 [900]*900S. E. 2d 154). An allegation that payment of the check was duly demanded is not a sufficient averment of demand and dishonor. Boatenreiter v. Williams, 58 Ga. App. 635 (199 S. E. 558).

Decided January 23, 1958. Isidore A. Blanch, for plaintiff in error. Noah J. Stone, contra.

2. Where no exception is taken to a refusal or failure of the trial judge to allow an opportunity to amend pleadings stricken on demurrer, the point cannot be urged for the first time in this court.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

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Bluebook (online)

101 S.E.2d 878, 96 Ga. App. 899, 1958 Ga. App. LEXIS 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadow-v-king-gactapp-1958.

Opinion

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