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).
Structure Georgia Code
Article 3 - Rights and Liabilities of Principal to Third Persons
§ 10-6-50. Scope of Agent’s Authority; Effect of Private Instructions; Dealing With Special Agent
§ 10-6-51. Principal Bound by Acts Within Scope of Authority; No Right to Ratify in Part
§ 10-6-52. Ratification Relates Back to Agent’s Act; How Act Ratified; No Revocation of Ratification
§ 10-6-53. Form in Which Agent Acts Immaterial
§ 10-6-54. When Undisclosed Principal Liable on Contract
§ 10-6-55. Effect of Seller Giving Credit to Agent
§ 10-6-56. When Principal Bound by Agent’s Representations or Concealment
§ 10-6-59. Principal Not Bound by Agent Conspiring With Third Person
§ 10-6-60. Principal Bound for Neglect and Fraud of Agent
§ 10-6-61. When Principal Liable for Agent’s Willful Trespass
§ 10-6-62. When Principal to Benefit From Agent’s Contract; Defenses Against Undisclosed Principal