AMERICAN EXPRESS COMPANY, SAI v. Bomar Shoe Company

Stolz, Judge.

American Express Co., S. A. I., sued Bomar Shoe Co. and H. & A. Shoe Co. as transferee of Bomar Shoe Co., in three counts. The dismissal of Counts 1 and 2 was affirmed by this court in American Express Co., S. A. I. v. Bomar Shoe Co., 125 Ga. App. 408 (187 SE2d 922). Count 3 as amended seeks damages for fraud, alleging that defendant H. & A. is a wholly-owned subsidiary of Brown Shoe Co., Inc., another creditor of defendant Bomar; that Bomar was indebted to Brown, as well as to the plaintiff; that, in order to avoid the just debt to the plaintiff, the defendants, with full…