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INS. CO. OF NORTH AMERICA v. ATLAS &c. CO.

44830, 44803, 44829.

121 Ga. App. 1 (1970)

172 S.E.2d 632

INSURANCE COMPANY OF NORTH AMERICA et al. v. ATLAS SUPPLY COMPANY. CITIZENS BANK OF ALPHARETTA v. ATLAS SUPPLY COMPANY et al.; and vice versa.

Court of Appeals of Georgia.

Decided January 7, 1970.

Attorney(s) appearing for the Case

Wall & Campbell, Alford Wall, Parker & Parker, Richard L. Parker, Grizzard, Jones, Parker & Simons, for Citizens Bank of Alpharetta.

Wendell C. Lindsey, for Atlas Supply.

Swift, Currie, McGhee & Hiers, Albert E. Phillips, Clayton H. Farnham, Boling & Neville, Leon Boling, for Ins. Co. of N. A.

BELL, Chief Judge.

1. Case No. 44830. The material facts are not in dispute. The controlling fact is that plaintiff is an unpaid materialman who is protected by the bond upon which this action is based. See Code Ann. § 23-1705, 23-1708. The agreement between Collett, Barnett, and Atlas Supply to issue the checks jointly and the fact that Barnett's bank accepted, deposited and negotiated the checks issued by defendant Collett without plaintiff's indorsement...

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