Legal Opinion

Georgia Portland Cement & Slate Co. v. Jackson

Supreme Court of Georgia

Decided February 10, 1915PublishedCited by 2 opinions

Equitable petition. Before Judge Pendleton. Pulton superior court. December 8, 1913. J. G. Jaekson and others brought their equitable petition against the Georgia Portland Cement and Slate Company, and W. W. Wadsworth, H. H. Cabaniss, and W. W. Jones, and alleged substantially as follows: The corporation was chartered in the year 1908, on the petition of W. W. Wadsworth, H. H. Cabaniss, W. W. Jones, and W. P. Davis, and their associates.

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Equitable petition. Before Judge Pendleton. Pulton superior court. December 8, 1913. J. G. Jaekson and others brought their equitable petition against the Georgia Portland Cement and Slate Company, and W. W. Wadsworth, H. H. Cabaniss, and W. W. Jones, and alleged substantially as follows: The corporation was chartered in the year 1908, on the petition of W. W. Wadsworth, H. H. Cabaniss, W. W. Jones, and W. P. Davis, and their associates. Since the corporation was chartered W. P. Davis has died, and there is no administration upon his estate. The authorized capital stock of the corporation is…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. One of the grounds of demurrer is, that the plaintiffs were in laches in not bringing the suit earlier. To this we can not agree. The petition alleges that the plaintiffs brought suit within eighteen months after they discovered the falsity of the representations made to them at the time they paid for their stock in the corporation; that when they made this discovery they tendered their stock to the officers of the corporation and demanded a return of their money paid therefor; that at this time the officers assured the plaintiffs that, if they would not…

2Cases cited2 opinions

  1. Stewart v. RutherfordSupreme Court of Georgia · 1885
  2. Georgia Portland Cement & Slate Co. v. JacksonSupreme Court of Georgia · 1913

3Cited by2 opinions

  1. State Highway Department v. IrvinCourt of Appeals of Georgia · 1959
  2. Vaughan v. OxenborgCourt of Appeals of Georgia · 1962

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