33 Ga. App. 193 | Ga. Ct. App. | 1924
Lead Opinion
The petition of Mrs. D. B. Ponsell against the Citizens and Southern Bank is substantially as follows: On May 7, 1920, Mrs. Ponsell deposited $1500 to her credit in the defendant bank. From May 8 to May 26, 1920, the bank paid out her entire deposit on forged checks. She received no notice of the status of her account, and knew nothing of it, “until, by the merest accident,” in or about the latter part of August or the first part of September, 1920, she discovered for the first time, “while looking through some old papers,” the statement of her account with the bank, together with the checks. “To her counsel only did she
Judgment affirmed.
Dissenting Opinion
dissenting. It appearing from the petition that the depositor failed to notify the bank for approximately two years and nine months after she knew that the deposit sued for had been drawn out by her husband on checks 'forged by him, her long silence, in my opinion, estopped her from recovering the amount of such deposit from the bank, and the defendant’s general demurrer to the petition was good. See Leather Manufacturers’ National Bank v. Morgan, 117 U. S. 122 (29 Law ed. 811, 6 Sup. Ct. 657); McNeely Co. v. Bank of North America, 221 Pa. 588 (70 Atl. 891, 20 L. R. A. (N. S.) 79); and see also, in this connection, Atlanta National Bank v. Burke, 81 Ga. 597 (7 S. E. 738, 2 L. R. A. 96).