Anderson v. American National Bank
Supreme Court of Georgia
Certiorari; from Court of Appeals. 23 Ga. App. 434. Commercial National Bank of Macon, being embarrassed financially, on August 1, 1914, decided to liquidate and wind up its banking business. To that end it entered into a contract with American National Bank of Macon, a copy of which is set forth in the opinion of the Court of Appeals, which opinion is brought here for review by a writ of certiorari, and it is unnecessary to set out this lengthy contract again.
Read the full summary
Certiorari; from Court of Appeals. 23 Ga. App. 434. Commercial National Bank of Macon, being embarrassed financially, on August 1, 1914, decided to liquidate and wind up its banking business. To that end it entered into a contract with American National Bank of Macon, a copy of which is set forth in the opinion of the Court of Appeals, which opinion is brought here for review by a writ of certiorari, and it is unnecessary to set out this lengthy contract again. (For the sake of brevity the two banks will hereinafter be called the American Bank and the Commercial Bank.) Under that contract all…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. After a careful consideration of all the facts in the case as alleged in the petition, we are of the opinion that the Court of Appeals properly held that the contract in question did not effect *801a merger of the two corporations, the defendants in the case. That view is supported by the opinion of the United States Circuit Court of Appeals, 5th Circuit, in the case of American National Bank of Macon v. Commercial National Bank of Macon, 254 Fed. 249, in construing this identical contract. As we agree with the Court of Appeals upon the question as to…
2Cases cited1 opinion
- American Nat. Bank of Macon v. Commercial Nat. Bank of MaconCourt of Appeals for the Fifth Circuit · 1918
3Cited by2 opinions
- American National Bank v. AndersonCourt of Appeals of Georgia · 1920
- Anderson v. American National BankSupreme Court of Georgia · 1921