Legal Opinion

Fountain v. Burke

Court of Appeals of Georgia

Decided September 8, 1981No. 62276, 62277PublishedCited by 10 opinions

1Opinion of the Court

Deen, Presiding Judge.

M. L. Burke, a division of American Tempering, Inc., sold Service Aluminum, Inc. credit merchandise, on which approximately $25,000 remained unpaid. Service Aluminum, Inc. suffered a fire as a result of which it went out of business. Theo Fountain, the president, sole director and sole stockholder of Service Aluminum, Inc. had capitalized the corporation at $31,000 and subsequently personally loaned it funds on promissory notes of which $179,000 was owing at the time of the fire. Thereafter, when the corporation’s insolvency due to inadequate insurance became obvious,…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Albert Richards Co. v. Mayfair, Inc.Massachusetts Supreme Judicial Court · 1934
  2. Tatum v. LeighSupreme Court of Georgia · 1911
  3. Ware v. RankinCourt of Appeals of Georgia · 1958
  4. Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
  5. Emhart Corp. v. McLartySupreme Court of Georgia · 1970

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3Cited by10 opinions

  1. Covington Square Associates, LLC v. Ingles Markets, Inc.Supreme Court of Georgia · 2010
  2. Abbott Foods of Georgia, Inc. v. ELBERTON POULTRY COMPANY, INC.Court of Appeals of Georgia · 1985
  3. U.S. Capital Funding VI, Ltd. v. Patterson Bankshares, Inc.District Court, S.D. Georgia · 2015
  4. Georgia Commercial Stores, Inc. v. Daniel T. ForsmanCourt of Appeals of Georgia · 2017
  5. Hyzer v. HickmanCourt of Appeals of Georgia · 1990

5 more not listed; retrieve them via the Exa API.

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