Georgia Co. v. Castleberry
Supreme Court of Georgia
Corporations. Statute of Frauds. Before Judge Knight. Lumpkin Superior Court. April Term, 1871. In March, 1866, Castleberry conveyed his land to one Pride, but remained in possession "and planted part of the land. Pride was agent for the Georgia Company, and had the headquarters of the company in Castleberry’s residence. The hands, teams and wagons of the company destroyed the fences and crops, and Castleberry called on Pride for payment.
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Corporations. Statute of Frauds. Before Judge Knight. Lumpkin Superior Court. April Term, 1871. In March, 1866, Castleberry conveyed his land to one Pride, but remained in possession "and planted part of the land. Pride was agent for the Georgia Company, and had the headquarters of the company in Castleberry’s residence. The hands, teams and wagons of the company destroyed the fences and crops, and Castleberry called on Pride for payment. He promised to pay when in funds, but did not. Subsequently, this company was incorporated, under the same name, and Pride was made president of the…
1Opinion of the Court
McCay, Judge.
For all essential purposes, the “Georgia Company,” doing business at the time this contract was made, and the corporation subsequently chartered and now sued, are separate and distinct. The formek was a mere partnership, the members of which were each bound for the debt; the latter is a person — .a nonentity — which gets its existence and responsibilities from the charter. Though the members of the part*189nership aiid the members of the corporation be the same, yet the rights of the one and the other are different.
To make the company liable for the debt of the partnership, the same…
2Cited by11 opinions
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- Foster v. NixCourt of Appeals of Georgia · 1985
- Taylor Lumber Co. v. Clark Lumber Co.Court of Appeals of Georgia · 1925
- Moore v. MooreSupreme Court of Georgia · 1898
- Jones v. J. S. H. CompanySupreme Court of Georgia · 1945
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