Bennett v. McCann

• Decision Date: 28 January 1972
• Docket Number: No. 46618,No. 2,46618,2
• Citation: Bennett v. McCann, 188 S.E.2d 165, 125 Ga.App. 393 (Ga. App. 1972)
• Parties: , 10 UCC Rep.Serv. 851 B. S. BENNETT et al. v. J. Y. McCANN
• Court: Georgia Court of Appeals

Page 165

188 S.E.2d 165

125 Ga.App. 393, 10 UCC Rep.Serv. 851

B. S. BENNETT et al. v. J. Y. McCANN.

No. 46618.

Court of Appeals of Georgia, Division No. 2.

Jan. 28, 1972.

Albert E. Butler, Jesup, for appellants.

W. Glenn Thomas, Sr., Jesup, for appellee.

Syllabus Opinion by the Court

QUILLIAN, Judge.

The plaintiff, d/b/a Bennetts Grocery, filed a claim against the defendant alleging that he was indebted to Bennetts Grocery in the amount of $1,161.08 because of the nonpayment of ten checks. A motion to dismiss was sustained and the plaintiff appealed. Held:

1. Copies of the checks were attached to the petition. The first eight of the checks were made payable to several different parties and the maker of the checks was 'McCann Industries, Inc., Pay Roll Account, (signed) J. Y. McCann.' The checks were returned from the bank upon which they were drawn with the notation 'No account, this signature.' The petition clearly shows that this was the corporation's liability and not that of an individual. Code, § 4-304; Code Ann. § 109A-3-403 (Ga.L.1962, pp. 156, 257); Pollin v. Mindy Mfg. Co., 211 Pa.Super. 87, 236 A.2d 542.

2. The remaining two checks were made payable to 'McCann Industries, Inc.' by 'F.A.O. Bahre-Discount Account, (signed) F.A.O. Bahre.' These checks were endorsed 'Pay to the order of Bennett Grocery, McCann Industries, Inc., by (signed) J. Y. McCann.' These checks were returned because payment was stopped on them. The petition did not set forth a claim against the defendant on the last two checks for the reasons stated in Division 1 of this opinion.

Judgment affirmed.

JORDAN, P.J., and EVANS, J., concur.