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Lawskills.com Georgia Caselaw
FETT DEVELOPING COMPANY v. GARVIN.
44281.
Action on note. Fulton Civil Court. Before Judge Wright.
BELL. Presiding Judge.
2. The third ground of the enumeration alleges error in overruling defendant's motion to dismiss the complaint. This contention, based on the failure of the complaint to allege presentment and notice of dishonor, is without merit. The note sued on and incorporated in the complaint contained an express waiver of presentment and notice. The Commercial Code, Code Ann. 109A-3--511 (6), provides: "Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties." We do not decide whether a complaint, in order to withstand a motion to dismiss, must allege presentment and notice of dishonor where necessary under Code Ann. 109A-3--501 et seq.
Sam G. Dettelbach, for appellee.
Herbert Johnson, Allen J. Hammer, for appellant.
ARGUED FEBRUARY 4, 1969 -- DECIDED APRIL 7, 1969 -- REHEARING DENIED APRIL 24, 1969.
Friday May 22 17:35 EDT


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