Mathewson v. Ruben

• Court: Georgia Court of Appeals
• Writing for the Court: FELTON, Judge.
• Citation: Mathewson v. Ruben, 55 Ga.App. 837, 191 S.E. 499 (Ga. App. 1937)
• Decision Date: 26 May 1937
• Docket Number: 26110.
• Parties: MATHEWSON v. RUBEN.

191 S.E. 499

55 Ga.App. 837

MATHEWSON v. RUBEN.

No. 26110.

Court of Appeals of Georgia, Second Division

May 26, 1937

Syllabus by Editorial Staff.

Drawing a draft on another and uttering and delivering it to a third person does not constitute violation of bad check law of South Carolina or of Georgia, where no money or credit is thereby obtained, or sought to be obtained, from one other than drawee, and no injury is done (Code S.C. 1932, § 1167; Code Ga.1933, § 13-9933).

A petition by employee of corporation against agent of corporation who authorized employee to draw drafts on corporation through South Carolina bank, alleging that employee drew drafts without obtaining cash or credit thereby and that, upon presentation of drafts for payment at Georgia bank, agent notified bank not to pay drafts, stating that employee did not have "any business to sign his name to our checks" stated no cause of action for slander in imputing crime or for libel, the words used not being "libelous per se" and no special damages being alleged (Code S.C.1932, § 1167; Code Ga.1933, § 13-9933).

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Petition by J. O. Mathewson against Paul Ruben. To review a judgment sustaining a general demurrer to the petition, petitioner brings error.

Affirmed.

C. E Dunbar and J. Gerald Mulherin, both of Augusta, for plaintiff in error.

Curry & Curry, of Augusta, for defendant in error.

Syllabus OPINION.

FELTON Judge.

1. It is not a violation of the bad check law of South Carolina, as pleaded in this case, or the bad check law of this state (Code 1933, § 13-9933) for a person to draw a draft on another and utter and deliver it to a third person where no money or credit was thereby obtained, or sought to be obtained from one other than the drawee, and no...