Southern Loan & Trust Co. v. Gissendaner
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Assumpsit by Mrs. A. N. Gissendaner against the Southern Loan & Trust Company, for a sum of money paid on a contract alleged to have been obtained by misrepresentations or fraud. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Assumpsit by Mrs. A. N. Gissendaner against the Southern Loan & Trust Company, for a sum of money paid on a contract alleged to have been obtained by misrepresentations or fraud. Judgment for plaintiff and defendant appeals. As to what is actionable fraud see Section 2469, Code. 1907; 8 A. & E. Enc. of Law, 636; 26 Ind. 26; Bomar v. Rosser, 131 Ala. 217; Young v. Amts, 86 Ala. 116; Davis v. Bets, 66 Ala. 206; 20 Cyc. 20; 19 Wall. 146; Dunham L. Go. v. Holt. 123 Ala. 342; 13 Wall. 379. On these authorities it is insisted…
1Opinion of the Court
de GRAFFENRIED, J.
A corporation can only act by an agent and, when acting through an agent, the agent may be treated as the corporation itself provided the act of the agent is for the corporation and is in the line and scope of his employment.
The appellant is a corporation organized and doing business in the State of Georgia and, it appears from the *525^evidence, makes loans to parties who purchase its stock. Its stock, it appears, is usually sold- upon the installment plan, and no loan can be made upon any of its stock until a certain limited number of installments have been paid upon such…
2Cases cited8 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Earnest v. Pritchett-Moore, Inc.Supreme Court of Alabama · 1981
- Barber v. StephensonSupreme Court of Alabama · 1953
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
18 more not listed; retrieve them via the Exa API.