Legal Opinion
Powers v. Brunswick-Balke-Collender Co.
Court of Appeals of Georgia
Decided April 5, 1917No. 7982PublishedCited by 11 opinions
Trover; from city court of Macon—Judge G-uerry. November 20, 1916.
1Opinion of the CourtBroyles, P. J.
1. There was some evidence which authorized an inference that the goods in question were shipped “order-notify;” If the goods were so shipped, then, under the other facts of the case, the plaintiff below had title to them at the time of the execution of the retention-of-title contract.
2. A corporation can not exist before its charter has been granted. Until the breath of life has been breathed into it by the law it is nothing— not.even a corpse; for a corpse is the remains of something that .once ' lived, and an embryo corporation has never even lived. Such an embryo corporation can not be a…
2Cases cited4 opinions
- Greenfield v. StoutSupreme Court of Georgia · 1905
- Florida Coca Cola Bottling Co. v. RickerSupreme Court of Georgia · 1911
- Atkinson v. Brunswick-Balke-Collender Co.Supreme Court of Georgia · 1916
- McCandless v. Inland Acid Co.Supreme Court of Georgia · 1900
3Cited by11 opinions
- Hagan v. Asa G. Candler Inc.Supreme Court of Georgia · 1939
- Brown-Wright Hotel Supply Corp. v. BagenCourt of Appeals of Georgia · 1965
- West v. Federal Deposit Ins. Corp.Court of Appeals of Georgia · 1979
- Don Swann Sales Corp. v. EcholsCourt of Appeals of Georgia · 1981
- Gregory v. Vance Publishing Corp.Court of Appeals of Georgia · 1973
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