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RUSS TOGS, INC. v. GORDON et al.

BELL, Chief Judge.

Under the Uniform Commercial Code, a draft drawn on a bank and payable on demand is a check. Code Ann. § 109A-3-104. In this garnishment in attachment proceeding the garnishee on January 15, 1971, mailed at a United States Post Office a negotiable instrument drawn on a bank payable to defendants. It was received by defendants on or before January 18, 1971; summons of garnishment was served on the garnishee on January 19, 1971. Applying the above definition from the U. C. C., the instrument was a check. Once a check has been properly mailed and delivered to the payee, the debt represented by the check is not subject to garnishment. Parker-Fain Grocery Co. v. Orr, 1 Ga. App. 628 ( 57 S.E. 1074).

The grant of a summary judgment to the garnishee is

Affirmed. Evans and Stolz, JJ., concur.

ARGUED JULY 5, 1972 — DECIDED NOVEMBER 9, 1972.
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RUSS TOGS, INC. v. GORDON
(Nov 9, 1972)