Simpson v. Pethel

Court of Appeals of Georgia

Simpson v. Pethel

61 S.E.2d 154, 82 Ga. App. 374, 1950 Ga. App. LEXIS 1113

CourtCourt of Appeals of Georgia

DecidedSeptember 14, 1950

Docket33019

StatusPublished

Cited by1 cases

This text of 61 S.E.2d 154 (Simpson v. Pethel) 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

Simpson v. Pethel, 61 S.E.2d 154, 82 Ga. App. 374, 1950 Ga. App. LEXIS 1113 (Ga. Ct. App. 1950).

Pincite

Opinion

Worrile, J.

1. In an action by the payee against the surviving partner of the maker, on a check drawn against partnership funds, the failure to allege presentment and notice of dishonor, or facts excusing such notice, is fatal to the declaration. Gainesville News v. Harrison, 58 Ga. App. 744, 745(6) (199 S. E. 559).

2. Where the allegations of the petition as amended and the exhibit attached thereto, show that the maker of the check drawn on partner- ■ ship funds and sued on, died more than seven months after the check was drawn, but failed to allege presentment to the drawee bank and notice of dishonor, before the death of the maker or facts excusing such presentment and notice within a reasonable time after the date of the check (Code, §§ 14-710, 14-712, 14-713), and further failed to allege presentment to the personal representative of the maker after his death (§ 14-707), or to the surviving partner (§ 14-708), or to any other party liable thereon, or notice of dishonor, or facts excusing such presentment and notice, the petition was subject to general demurrer under the ruling in Gainesville News v. Harrison, supra, and the trial judge did not err in sustaining the demurrer and in dismissing the action.

Judgment affirmed.

Sutton, C.J., and Felton, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Worrile, J.

1. In an action by the payee against the surviving partner of the maker, on a check drawn against partnership funds, the failure to allege presentment and notice of dishonor, or facts excusing such notice, is fatal to the declaration. Gainesville News v. Harrison, 58 Ga. App. 744, 745(6) (199 S. E. 559).

2. Where the allegations of the petition as amended and the exhibit attached thereto, show that the maker of the check drawn on partner- ■ ship funds and sued on, died more than seven months after the check was drawn, but failed to allege presentment to the drawee bank and notice of dishonor, before the death of the maker or facts excusing such presentment and notice within a reasonable time after the date of the check (Code, §§ 14-710, 14-712, 14-713), and further failed to allege presentment to the personal representative of the maker after his death (§ 14-707), or to the surviving partner (§ 14-708), or to any other party liable thereon, or notice of dishonor, or facts excusing such presentment and notice, the petition was subject to general demurrer under the ruling in Gainesville News v. Harrison, supra, and the trial judge did not err in sustaining the demurrer and in dismissing the action.

Judgment affirmed.

Sutton, C.J., and Felton, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

61 S.E.2d 154, 82 Ga. App. 374, 1950 Ga. App. LEXIS 1113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-pethel-gactapp-1950.

Opinion

Related

Cite This Page — Counsel Stack