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SIMPSON v. PETHEL

33019.

82 Ga. App. 374 (1950)

61 S.E.2d 154

SIMPSON v. PETHEL.

Court of Appeals of Georgia.

Decided September 14, 1950.

Attorney(s) appearing for the Case

Milam & Smith, Robert G. Smith, James G. Lamar, for plaintiff.

Frank B. Stowe, Victor A. Royal, for defendant.

WORRILL, 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 partnership...

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