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2018 Georgia Code 13-4-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-4-41 Case Law from Google Scholar Amendments to OCGA 13-4-41

TITLE 13 CONTRACTS

Section 4. Modification, Extinguishment, and Renewal, 13-4-1 through 13-4-104.

ARTICLE 3 PAYMENT

13-4-41. Payment by mail.

Payment by mail shall be made at the risk of the debtor unless done by direction, either express or implied, of the creditor or his agent.

(Orig. Code 1863, § 2807; Code 1868, § 2815; Code 1873, § 2866; Code 1882, § 2866; Civil Code 1895, § 3719; Civil Code 1910, § 4313; Code 1933, § 20-1003.)

JUDICIAL DECISIONS

Section refers to remittance of coin or currency which constitutes legal tender and recognizes right of party to remit money by mail to one's creditor in payment of debt. McIntire v. Raskin, 173 Ga. 746, 161 S.E. 363 (1931).

To protect oneself, one remitting payment by mail must show express authorization or business usage.

- For debtor to protect oneself against loss, by remitting money to one's creditor by mail the debtor must show either express authority of creditor to send in that mode, or usage to that effect in business, from which creditor's authority may be inferred. Illinois Life Ins. Co. v. McKay, 6 Ga. App. 285, 64 S.E. 1131 (1909); McIntire v. Raskin, 173 Ga. 746, 161 S.E. 363 (1931).

Tenant who mails rent accepts the risks.

- Under O.C.G.A. § 13-4-41, a tenant, who mailed the tenant's rent payment to the landlord, accepted the risks attendant thereto, including not only the risk of non-delivery, but all potential risks, including the risk of nonacceptance by the landlord due to contract or course of dealing. Baker v. Hous. Auth. of Waynesboro, 268 Ga. App. 122, 601 S.E.2d 350 (2004).

Checks given in payment of debt or obligation do not constitute payment until themselves paid. Salzburger Bank v. Standard Oil Co., 173 Ga. 722, 161 S.E. 584 (1931).

Cited in Parker v. American Family Recreation Center, Inc., 229 Ga. 633, 193 S.E.2d 830 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 60 Am. Jur. 2d, Payment, §§ 10, 118.

C.J.S.

- 70 C.J.S., Payment, §§ 9, 107 et seq.

ALR.

- Request to remit as authorizing payment by post, 2 A.L.R. 1646.

Deposit of insurance dues in mail as payment preventing forfeiture, 47 A.L.R. 886.

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