194 S.E.2d 280 | Ga. Ct. App. | 1972
RUSS TOGS, INC.
v.
GORDON et al.
Court of Appeals of Georgia.
Cotton, Katz & White, J. Timothy White, for appellant.
Neely, Freeman & Hawkins, Andrew J. Hamilton, for appellees.
BELL, Chief Judge.
Under the Uniform Commercial Code, a draft drawn on a bank and payable on demand is a check. Code Ann. § 109A-3-104. In this garnishment in attachment proceeding the garnishee on January 15, 1971, mailed at a United States Post Office a negotiable instrument drawn on a bank payable to defendants. It was received by defendants on or before January 18, 1971; summons of garnishment was served on the garnishee on January 19, 1971. Applying the above definition from the U. C. C., the instrument was a check. Once a check has been properly mailed and delivered to the *521 payee, the debt represented by the check is not subject to garnishment. Parker-Fain Grocery Co. v. Orr, 1 Ga. App. 628 (57 S.E. 1074).
The grant of a summary judgment to the garnishee is
Affirmed. Evans and Stolz, JJ., concur.