172 Ga. 368 | Ga. | 1931
L. L. Moore, suing for the use of the Chatham Savings and Loan Company, instituted an action in the superior court of Colquitt County, Georgia, against the Moultrie Banking Company, a corporation engaged in operating a bank, for an amount specified in a check in favor of Mrs. Anna Belle Shivers, drawn by Moore on May 27, 1925, against a deposit in the bank and paid to another person upon an alleged forged indorsement of the name of the payee, signed in pencil. The answer denied the paragraph of the petition which alleged the forgery, and in several subdivisions of paragraph 5 made further answer substantially as follows: (a) “A certain person” in the name of Anna Belle Shivers mailed from East St. Louis, 111., a written application to Moore for a loan on described realty of the applicant, and making Moore her agent to procure the loan, (b) The loan was negotiated, and the notes and deed were forwarded for execution by United States mail, addressed to “Anna Belle Shivers in East St. Louis; 111.,” and, after execution “by the person who applied for the loan, . .
1. On the questions of negligence on the part of Moore and estoppel against the plaintiff, the amendment did not materially alter the substance of the original answer.
2. The interest of the plaintiff could not be affected by any controversy between the bank and Anna Belle Shivers, or between the bank and Anna Belle Shivers and Y. L. Shivers, relating to the status of the title and the right of the defendant to an equitable lien upon the land. The allegations of the amendment relating to such controversies have no connection Avith the controlling issue in the case, founded on alleged unauthorized payment upon a forged indorsement of the check.
3. The judge did not err in sustaining the demurrer to the amendment.
4. Other exceptions relate to assignments of error upon the
Judgment affirmed.