LAMBETH v. LEWIS

42025.

114 Ga. App. 191 (1966)

150 S.E.2d 462

LAMBETH, Administrator v. LEWIS.

Court of Appeals of Georgia.

Decided June 16, 1966.

Rehearing Denied July 28, 1966.


Attorney(s) appearing for the Case

Spivey & Carlton, Milton A. Carlton, for appellant.

Williams, Smith & Shepherd, George L. Smith, II, for appellee.


JORDAN, Judge.

This is an appeal from the judgment of the trial court overruling the general demurrer of the defendant administrator to a petition seeking to recover on a check issued to the plaintiff payee by the decedent before his death. The petition affirmatively showed that the plaintiff had not presented the check to the bank for payment, or otherwise negotiated it, during the drawer's lifetime.

1. A check does not of itself operate as an assignment...

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