MANDEVILLE v. FIRST NATIONAL BANK

16896.

206 Ga. 426 (1950)

57 S.E.2d 553

MANDEVILLE v. FIRST NATIONAL BANK OF ATLANTA et al.

Supreme Court of Georgia.

Rehearing Denied February 17, 1950.


Attorney(s) appearing for the Case

H. C. Holbrook, M. Neil Andrews, Nall & Sterne, and A. Paul Cadenhead, for plaintiff in error.

Boykin & Boykin, Moise, Post & Gardner, and Hugh E. Wright, contra.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) The demurrer asserts a failure to state a cause of action for the relief sought, in that the petition shows on its face that the petitioner has an adequate remedy at law by the terms of its contract, which permits either of the respondents to enter the safety-deposit box.

Code § 37-1503 provides: "Whenever a person shall be possessed of property or funds, or owe a debt or duty, to which...

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