128 S.E.2d 333 (Ga.App. 1962), 39689, Wilbanks v. James Talcott, Inc.

Citation: 128 S.E.2d 333, 106 Ga.App. 770

Opinion Judge: BELL, Judge.

Party Name: J. H. WILBANKS v. JAMES TALCOTT, INC. JAMES TALCOTT, INC. v. J. H. WILBANKS.

Attorney: (b) Where a party or his agent receives a check in payment of a debt, refunds to the debtor the excess amount of the proceeds, does not deny that it was cashed, nor returned it, nor made any protest of nonpayment, the presumption that it was cashed arises. Where no evidence rebuts this presumptio...

Judge Panel: FELTON, C. J., and HALL, J., concur.

Case Date: October 17, 1962

Court: Georgia Court of Appeals