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BANK OF SPALDING COUNTY v. POUND

A94A0384.

213 Ga. App. 324 (1994)

444 S.E.2d 375

BANK OF SPALDING COUNTY v. POUND et al.

Court of Appeals of Georgia.

Reconsideration Denied May 27, 1994.

Attorney(s) appearing for the Case

Smalley & Cogburn, Robert H. Smalley, Jr., for appellant.

Hendrix & Smith, Newton M. Galloway, Gambrell & Stolz, Nedom A. Haley, Meadows & Associates, Warren R. Power, for appellees.

Sullivan, Hall, Booth & Smith, J.

Jack G. Slover, Jr., Brynda S. Rodriguez, amici curiae.

ANDREWS, Judge.

The Bank of Spalding County (Bank) appeals from the trial court's ruling that a set-off by the Bank against a checking account of Whitworth and Wright, Inc. was improper.

Viewed in favor of the trial court's factual findings, the evidence showed that Pound had established an insurance agency about 20 years ago. In July 1988, this agency was sold to Whitworth and Wright by transferring the assets of Pound, Ltd. to a new corporation, Whitworth...

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