Baum v. Cotton States Mut. Ins. Co., 234 S.E.2d 178 (Ga. Ct. App. 1977). · Go Syfert
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Baum v. Cotton States Mut. Ins. Co., 234 S.E.2d 178 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
7 citation events across 3 distinct courts.
Strongest positive: Delta International Machinery Corp. v. Plunk (gactapp, 1989-02-10)
Top citers, strongest first. 3 distinct citers.
cited Cited as authority (rule) Delta International Machinery Corp. v. Plunk
Ga. Ct. App. · 1989 · confidence medium
Co., 156 Ga. App. 193, 195 ( 273 SE2d 898 ) (1980), citing Stesu, Inc. v. Roger Toole Drywall, 141 Ga. App. 636, 638 ( 234 SE2d 102 ) (1977).
cited Cited as authority (rule) Dunn v. Stack
Fla. Dist. Ct. App. · 1982 · confidence medium
Baum v. Cotton States Mutual Insurance Co., 141 Ga. App. 636 , 234 S.E.2d 178 at 178 (1977); J.E.B.
discussed Cited as authority (rule) American Consolidated Service Corp. v. Nationwide Mutual Insurance (2×)
Ga. Ct. App. · 1980 · confidence medium
In such circumstances, service upon the Secretary of State "constitutes service upon the defendant." (Emphasis supplied.) Stesu v. Roger Toole Drywell, Inc., 141 Ga. App. 636, 638 ( 234 SE2d 102 ).
Retrieving the full opinion text from the archive…
Baum
v.
Cotton States Mutual Insurance Company
53563.
Court of Appeals of Georgia.
Mar 17, 1977.
234 S.E.2d 178
Glyndon C. Pruitt, for appellant., Ross & Finch, A. Russell Blank, for appellee.
Bell, McMurray, Smith.
Cited by 2 opinions  |  Published
Bell, Chief Judge.

This is a suit on a draft made payable on acceptance to the order of plaintiff, drawn by the defendant insurer on the drawee, First National Bank of Atlanta. The defendant in his answer raised several defenses. One defense was that the draft was conditional on acceptance and since it was not accepted when presented for payment defendant incurred no liability. The trial court granted defendant a summary judgment on the above described "defense.” Held:

A draft is dishonored when acceptance is refused by the drawee and gives the holder on dishonor an immediate right of recourse against the drawer. Code § 109A-3 — 507 (1) (a) (2). The drawer "engages that upon dishonor of the draft and any necessary notice of dishonor or protest he will pay the amount of the draft to the holder or to any indorser who takes it up.” Code § 109A-3 — 413 (2). The defendant was the drawer and the lack of acceptance by the drawee bank is not a valid defense to this suit. It was error to grant a summary judgment on this ground.

Judgment reversed.

McMurray and Smith, JJ., concur.