Garmany v. Lawton
Supreme Court of Georgia
Equitable petition. Before Judge Cann. Chatham superior court. June 30, 1905. This case was by agreement tried before the presiding judge without a jury. He filed an opinion from which the following summary of facts is taken: “The Savannah District Messenger and Delivery Company was incorporated April 9, 1896, the capital stock being $10,000, with the right to increase the capital stock to an amount not exceeding $50,000, in the discretion of the board of directors.
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Equitable petition. Before Judge Cann. Chatham superior court. June 30, 1905. This case was by agreement tried before the presiding judge without a jury. He filed an opinion from which the following summary of facts is taken: “The Savannah District Messenger and Delivery Company was incorporated April 9, 1896, the capital stock being $10,000, with the right to increase the capital stock to an amount not exceeding $50,000, in the discretion of the board of directors. This is the only reference to a board of directors. The charter gives the right to mortgage the property of the corporation at…
1Opinion of the CourtLuMRKiN, J.
(After stating the foregoing facts.) 1. A corporation is a legal entity, distinguished from any or all of its stockholders. That one person may own a majority or all of the stock ■of the corporation does not establish an identity betweén him and it, .so as to make acts by him in his individual name its acts and binding on it. Newton Manufacturing Co. v. White, 42 Ga. 148; Exchange Bank v. Macon Construction Co., 97 Ga. 1; Sparks v. Dunbar, 102 Ga. 129; Waycross Air-Line R. Co. v. Offerman R. Co., 109 Ga. 827. “When a corporation in a given matter is empowered to act only through its board of…
2Cases cited23 opinions
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Exchange Bank v. Macon Construction Co.Supreme Court of Georgia · 1895
- Exchange Bank v. ThrowerSupreme Court of Georgia · 1903
- Waycross Air-Line Railroad v. Offerman & Western RailroadSupreme Court of Georgia · 1900
- Monroe Mercantile Co. v. Arnold & McCordSupreme Court of Georgia · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Potts-Thompson Liquor Co. v. PottsSupreme Court of Georgia · 1910
- Independent Gasoline Co. v. Bureau of Unemployment CompensationSupreme Court of Georgia · 1940
- D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.Court of Appeals of Georgia · 1967
- City Sav. Bank & Trust Co. v. Shreveport Brick Co.Supreme Court of Louisiana · 1931
30 more not listed; retrieve them via the Exa API.