Fite v. Henson
Supreme Court of Georgia
Equitable petition. Before Judge J. B. Jones. Union superior court. April 21, 1933. In 1909 the Secretary of State issued his certificate, under the provisions of the Civil Code (1910), §§ 3363 et seq., for the incorporation of the Union County Bank. The minimum authorized capital stock was $35,000, divided into 350 shares of the par value of $100 each. One hundred and fifty shares aggregating $15,000, were subscribed and paid for in full.
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Equitable petition. Before Judge J. B. Jones. Union superior court. April 21, 1933. In 1909 the Secretary of State issued his certificate, under the provisions of the Civil Code (1910), §§ 3363 et seq., for the incorporation of the Union County Bank. The minimum authorized capital stock was $35,000, divided into 350 shares of the par value of $100 each. One hundred and fifty shares aggregating $15,000, were subscribed and paid for in full. The remaining 100 shares were never subscribed. The subscribers for the 150 shares organized and commenced business in the name of the bank. In December,…
1Opinion of the CourtAtkinson, J.
1. The controlling question is as to the right of the plaintiff to bring the suit; for if the receiver did not have the right to bring the suit, the action brought by him could not be main-*687tamed. That question depends on the construction, validity, and applicability of section 4 of article xv of the act approved August 16, 1919 (Acts 1919, pp. 135-222), as follows: “No suit to forfeit the charter of any bank, or for the liquidation of any bank, or for the appointment of a receiver of any bank, shall be instituted by any person except by and through the superintendent of banks in the name of…
2Cases cited7 opinions
- Whitney v. Hanover National BankMississippi Supreme Court · 1894
- DeLoach v. Georgia Coast & Piedmont RailroadSupreme Court of Georgia · 1916
- Morris v. StateSupreme Court of Georgia · 1903
- Tenth National Bank v. Construction Co.Supreme Court of Pennsylvania · 1910
- Stanley v. StateSupreme Court of Georgia · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bennett v. Wilkes CountySupreme Court of Georgia · 1927
- Coffin Bros. & Co. v. BennettSupreme Court of Georgia · 1927
- Copeland v. LeathersSupreme Court of Georgia · 1949
- Rogers v. CarterSupreme Court of Georgia · 1933
- Ivester v. McNicholasSupreme Court of Georgia · 1924
3 more not listed; retrieve them via the Exa API.