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NORTHSIDE BUILDING &c. CO. v. FINANCE CO.

43891.

119 Ga. App. 131 (1969)

166 S.E.2d 608

NORTHSIDE BUILDING & INVESTMENT COMPANY, INC. v. FINANCE COMPANY OF AMERICA.

Court of Appeals of Georgia.

Decided February 3, 1969.

Attorney(s) appearing for the Case

Ben J. Camp, for appellant.

Powell, Goldstein, Fraser & Murphy, Wayne H. Shortridge, Larry I. Bogart, for appellee.

QUILLIAN, Judge.

There are two basic issues to be resolved. (1) Was the Finance Company a holder in due course? For if so, the defense of payment raised by the defendant would be effectively negated unless the plaintiff had notice of the payment within the meaning of Code Ann. § 109A-3-602 (Ga. L. 1962, pp. 156, 277). (2) If the plaintiff were not a holder in due course, would he be entitled to invoke Code § 4-308, which provides: "Where money...

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