Where money is due on a written evidence of debt, payment to an agent of the creditor who fails to produce the obligation shall be at the risk of the debtor. Nonproduction of the security shall rebut the implication of authority arising from the agent’s employment, and it must be otherwise established.
History. Civil Code 1895, § 3006; Civil Code 1910, § 3578; Code 1933, § 4-308.
History of Code section.
This Code section is derived from the decisions in Howard v. Soule, 54 Ga. 52 (1875), and Bank of Univ. v. Tuck, 96 Ga. 456 , 23 S.E. 467 (1895).