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2018 Georgia Code 33-24-49 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 24. Insurance Generally, 33-24-1 through 33-24-98.

ARTICLE 1 GENERAL PROVISIONS

33-24-49. Deposit of funds covered by bonds.

It shall be lawful for any party of whom a bond, undertaking, or other obligation is required to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible with a bank, savings bank, safe-deposit, or trust company authorized by law to do business as such or with such other depository as approved by the court or a judge of the court, if the deposit is otherwise proper, for the safekeeping of the moneys or assets. The agreement shall prevent the withdrawal of the moneys or assets or any part of the moneys or assets without the written consent of the surety or sureties or an order of the court or a judge of the court made on notice to the surety or sureties as the court or judge may direct; provided, however, that the agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the said bond.

(Code 1933, § 56-2436, enacted by Ga. L. 1960, p. 289, § 1.)

JUDICIAL DECISIONS

Joint control over funds.

- Agreement giving joint control of a checking account to a guardian and to the surety on the guardianship bond was not in violation of public policy. Travelers Indemnity Co. v. Trust Co. Bank, 228 Ga. App. 893, 495 S.E.2d 296 (1998), overruling First Nat'l Bank v. Rapides Bank & Trust Co., 145 Ga. App. 514, 244 S.E.2d 51 (1978).

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