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McCULLOUGH v. GA. R. BANK &c. CO.

54396.

144 Ga. App. 698 (1978)

242 S.E.2d 271

McCULLOUGH et al. v. GEORGIA RAILROAD BANK & TRUST COMPANY.

Court of Appeals of Georgia.

Decided January 10, 1978.

Rehearing Denied February 7, 1978.

Attorney(s) appearing for the Case

Harrison, Jolles, Miller & Bush, Howard S. Bush, Wilkinson, Wallace & Wilson, A. Stephenson Wallace, for appellants.

Nixon, Yow, Waller & Capers, Samuel C. Waller, Roy D. Tritt, for appellee.

QUILLIAN, Presiding Judge.

Wallace L. McCullough and McCullough Mechanical, Inc. brought an action against Georgia Railroad Bank & Trust Company alleging that the bank wrongfully refused to cancel a certain security instrument upon the individual plaintiff's tender of $22,904.55. The defendant answered and subsequently moved for summary judgment.

After a hearing the trial judge granted the defendant's motion upon consideration of the following facts: On...

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