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Lawskills.com Georgia Caselaw
RUSS TOGS, INC. v. GORDON et al.
47347.
BELL, Chief Judge.
Garnishment. Fulton Civil Court. Before Judge Bradford.
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).
Neely, Freeman & Hawkins, Andrew J. Hamilton, for appellees.
Cotton, Katz & White, J. Timothy White, for appellant.
ARGUED JULY 5, 1972 -- DECIDED NOVEMBER 9, 1972.
Friday May 22 15:10 EDT


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