G. F. FISCHER &c. v. FIRST NATIONAL BANK

38523.

102 Ga. App. 567 (1960)

116 S.E.2d 902

G. FRANKLYN FISCHER & ASSOCIATES, INC. v. FIRST NATIONAL BANK OF ATLANTA.

Court of Appeals of Georgia.

Decided October 11, 1960.


Attorney(s) appearing for the Case

Nall, Miller, Cadenhead & Dennis, Robert E. Hicks, Earl J. Van Gerpen, for plaintiff in error.

Moise, Post & Gardner, R. Emerson Gardner, McChesney H. Jeffries, contra.


NICHOLS, Judge.

No contention is made that the allegations of the petition show that the plaintiff complied with Code § 13-2044 so as to authorize a recovery thereunder, and the sole contention made is that sufficient facts are alleged in the petition to excuse the plaintiff from having to comply with such section. Under the decision of this court in the case of White v. Georgia R. Bank &c. Co., 71 Ga.App. 78 (30 S.E.2d 118), and the cases there...

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