143 Ga. 293 | Ga. | 1915
1. A cashier’s cheek is a primary obligation of the bank, and the holder thereof may sue the bank as maker, without joining the payee or indorsers in such suit.
2. Where a cashier’s check is made payable to the order of a real person who has no knowledge of the transaction, and who has no interest in the check and is not intended to become a party to the transaction, such person may be deemed fictitious; and when the name of such person is indorsed on the check by the cashier, or with his authority, such check
3. The court did not err in overruling the demurrer to the petition, nor in sustaining the plaintiff’s demurrer to the plea in abatement.
4. Irrespective of any errors alleged to have been committed on the trial, the facts of this case bring it within the principles of law announced in the preceding headnotes. The verdict was demanded, and the court did not err in denying a new trial.
Judgment affirmed.