Tedder v. Walker
Supreme Court of Georgia
Complaint. Before Judge Brand. Gwinnett superior court. March 3, 1915. An action was brought by W. P. Walker, H. Y. Jones, and C. A. McDaniel, library trustees, against Mrs. Martha A. Tedder and Mrs. Lillian K. Buchanan, to recover an amount alleged to be due on a note, a copy of which was attached to the petition, wherein the defendants promised to pay “H. Y. Jones, W. P. Walker, and C. A. McDaniel, library trustees, or their successors, or order,” $2,500 principal, and 10…
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Complaint. Before Judge Brand. Gwinnett superior court. March 3, 1915. An action was brought by W. P. Walker, H. Y. Jones, and C. A. McDaniel, library trustees, against Mrs. Martha A. Tedder and Mrs. Lillian K. Buchanan, to recover an amount alleged to be due on a note, a copy of which was attached to the petition, wherein the defendants promised to pay “H. Y. Jones, W. P. Walker, and C. A. McDaniel, library trustees, or their successors, or order,” $2,500 principal, and 10 per cent, as attorney’s fees. It was alleged in the petition that Lillian K. Buchanan was a resident of the City of New…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. When the original library trustees accepted the donation to the City of Norcross, to be used for library purposes, they could not legally lend it to Mrs. Tedder and Mrs. Buchanan. The loan of the money to them was an ultra vires act; and the trustees, being bound to account for the money, had such interest therein as to authorize a recovery in an action brought in their own names. The loan being evidenced by a note payable to them, with the words following their names, “library trustees, their successors, or order,” they may sue on it in their own names;…
2Cases cited3 opinions
- Oglesby v. GilmoreSupreme Court of Georgia · 1848
- Zellner v. ClevelandSupreme Court of Georgia · 1882
- City of Fitzgerald v. WitchardSupreme Court of Georgia · 1908
3Cited by5 opinions
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- Atlanta Chamber of Commerce v. McRaeSupreme Court of Georgia · 1932
- Coniff v. HunnicuttSupreme Court of Georgia · 1924
- McCook v. LongSupreme Court of Georgia · 1942
- Miller v. City of CorneliaSupreme Court of Georgia · 1939