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2018 Georgia Code 44-12-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-12-23 Case Law from Google Scholar Amendments to OCGA 44-12-23

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 2 CHOSES IN ACTION

44-12-23. Assignment of a fund.

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor.

(Civil Code 1895, § 3078; Civil Code 1910, § 3654; Code 1933, § 85-1804.)

History of section.

- This section is derived from the decisions in Baer v. English & Co., 84 Ga. 403, 11 S.E. 453 (1890) and Jones v. Glover, 93 Ga. 484, 21 S.E. 50 (1893).

JUDICIAL DECISIONS

O.C.G.A. § 44-12-23 applies solely to sureties. Davis v. Perkins, 178 Ga. 195, 172 S.E. 562 (1934).

Cited in West v. Anderson, 187 Ga. 587, 1 S.E.2d 671 (1939); Chancellor v. Gateway Lincoln-Mercury, Inc., 233 Ga. App. 38, 502 S.E.2d 799 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments, §§ 51-54.

C.J.S.

- 6A C.J.S., Assignments, § 19.

ALR.

- Priority as between one who redelivers papers or securities not transferable by endorsement or delivery to pledgor or assignee and a bona fide purchaser from the latter, 37 A.L.R. 1540.

Enforceability in equity of assignment of part of a debt without the debtor's consent, 80 A.L.R. 413.

Meaning and scope of covenant in assignment of claim as regards legality or quality of claim, 91 A.L.R. 548.

Assignability of claim for tax refund, and rights of assignee in respect thereof, 134 A.L.R. 1202.

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