Case Conclusion Date:March 17, 1978
Outcome:Hilliard represented bank of appeal and won case
Description:Copayee brought suit against bank to recover proceeds of check which bank allegedly paid entire amount to other copayee based on latter's endorsement. The State Court, Fulton County, Dorothy T. Beasley, J., entered judgment entitling plaintiff to entire proceeds, and bank appealed. The Court of Appeals, Bell, C. J., held that: (1) evidence that plaintiff had loan agreement with other copayee and that plaintiff had obtained judgment against other copayee arising out of loan agreement was relevant to establish that plaintiff was owed a sum by other copayee in excess of face amount of check and was competent proof of damages caused to plaintiff by bank's failure to obtain plaintiff's endorsement before giving proceeds to co-payee, and (2) plaintiff was not estopped from recovering proceeds by conduct of its president subsequent to payment of check.