95 Ga. 376 | Ga. | 1895
The receiver of the Central Railroad and Banking Company (of which the Central Railroad Bank is a part) brought suit in a justice’s court against J. A. Du-four, upon a cheek for $75, dated at Baltimore, January 9, 1892, upon J. J. Nicholson & Sons, bankers, by S. EL Brosius, payable to the order of A. M. Brosius, and indorsed by A. M. Brosius and by J. A. Dufour; which check had been protested for non-payment. The case was submitted upon an agreement as to facts, and the justice rendered judgment in favor of the plaintiff. A writ of certiorari to this judgment was sustained by the superior court, and the case remanded to the justice’s court for a new trial. To this ruling the plaintiff excepted. The facts agreed on were as follows: On January 11,1892, defendant, accompanied by A. M. Brosius, went to the Central Railroad'Bank and requested the assistant cashier, Ulmer, to cash the check in question. Brosius being a stranger to Ulmer, he told defendant he could not cash’ the check unless it was indorsed by him. Defendant thereupon indorsed it, and it was cashed. On the same day it was forwarded by mail by the Central Railroad Bank to its correspondent in' Baltimore, the Citizens National Bank, for collection. The Citizens National Bank received it, and acknowledged the receipt on January 14th, 1892, and on the same day about eleven o’clock, by its regular runner, presented this check, with other checks and drafts on J. J. Nicholson & Sons, to said firm for payment; the aggregate of all the checks and drafts so presented being $1,748. The runner accepted $48 in cash and the uncertified check of J. J. Nicholson & Sons on the Western National Bank for $1,700, in payment for the checks and drafts presented; the custom of Nicholson & Sons being to give their check for the hundreds, and cash for the balance, unless for any reason cash or certified check for the