Hamilton National Bank v. Commercial Bank

1 Citing case

  1. Roswell Bank v. C. S. Dekalb Bank

    121 S.E.2d 706 (Ga. Ct. App. 1961)   Cited 4 times

    Beutel's Brannon Neg. Inst. Law (7th Ed.) §§ 30, 52, 62 and 66, pp. 592, 690, 906 and 959; 2 Paton, §§ 1 and 17, pp. 1800 and 2116; Britton on Bills and Notes, § 139, pp. 643, 645, 647 and 649; 9 C.J.S. 769, § 358 (a) (2); 8 Am. Jur. 252, § 543. Accord, Hamilton Nat. Bank of Chattanooga v. Commercial Bank of Bowdon, 64 Ga. App. 696, 697 ( 14 S.E.2d 227). It should be stated that there is a minority view which holds that such implied warranties do extend to the drawee bank. Beutel's Brannon Neg. Inst. Law (7th Ed.) § 66, p. 960. Similar language is found in a few Georgia cases; however in each case it was dictum for the reason that the decision was based upon some other ground.