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COMMERCIAL BANKING CO. v. SPURLOCK

31444.

238 Ga. 123 (1977)

231 S.E.2d 748

COMMERCIAL BANKING COMPANY v. SPURLOCK.

Supreme Court of Georgia.

Decided January 4, 1977.

Attorney(s) appearing for the Case

Tillman, Brice, McTier, Coleman & Talley, John T. McTier, for appellant.

Denmark Groover, Jr., Bennett & Wisenbaker, Reginald C. Wisenbaker, for appellee.

INGRAM, Justice.

We granted certiorari in this case to consider whether a bank which holds a note and security agreement executed by only one of two joint owners of a certificate of deposit with the right of survivorship, may set off the individual debt against the joint certificate of deposit after the death of the individual debtor. The Court of Appeals, in Spurlock v. Commercial Bkg. Co., 138 Ga.App. 892 (

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