Arnold v. Bostwick Banking Company, 44972

• Decision Date: 13 January 1971
• Docket Number: No. 44972,No. 3,44972,3
• Parties: J.A. ARNOLD et al. v. BOSTWICK BANKING COMPANY
• Court: Georgia Court of Appeals

Page 780

179 S.E.2d 780

123 Ga.App. 189

J.A. ARNOLD et al. v. BOSTWICK BANKING COMPANY.

No. 44972.

Court of Appeals of Georgia, Division No. 3.

Jan. 13, 1971.

E. Louis Adams, Albany, for appellants.

Twitty & Twitty, Frank S. Twitty, Camilla, for appellee.

Syllabus Opinion by the Court

EVANS, Judge.

The Supreme Court in Bostwick Banking Co. v. Arnold, 227 Ga. 18, 178 S.E.2d 890, having reversed the judgment of this court in Arnold v. Bostwick Banking Co., 121 Ga.App. 131, 173 S.E.2d 236, wherein it was held that a jury might determine from the evidence submitted on summary judgment that the plaintiff had made material alterations in filling in the balance of the notes, as he was required to do in completing the blanks in the same which could avoid the instrument under the Uniform Commercial Code (Code Ann. §§ 109A-3--306, 109A-3-407; Ga.L.1962, pp. 156, 255, 259), our judgment reversing the trial court is vacated and set aside. The ruling made by the Supreme Court is made the judgment here. Accordingly, the trial judge did not err in granting the motion for summary judgment in favor of the plaintiff.

Judgment affirmed.

HALL, P.J., and DEEN, J., concur.