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MIDDLE GA. &c. SALES v. COMMERCIAL BANK & TRUST CO.

45987.

123 Ga. App. 733 (1971)

182 S.E.2d 533

MIDDLE GEORGIA LIVESTOCK SALES v. COMMERCIAL BANK & TRUST COMPANY.

Court of Appeals of Georgia.

Decided April 29, 1971.

Attorney(s) appearing for the Case

G. Hughel Harrison, James W. Garner, for appellant.

Beck, Goddard, Owen, Squires & Murray, Samuel A. Murray, for appellee.

DEEN, Judge.

The sole question in this case is whether a holder in due course for value of a check given by an innocent maker for the purchase of cattle which turned out to have been stolen may recover the value of such check from the maker. This in turn involves a construction of the controlling section of the Uniform Commercial Code, § 3-305 (2) (b) providing that a holder in due course takes the instrument free from defenses of any party thereto with whom...

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