McEwen v. Kelly
Supreme Court of Georgia
Equitable petition. Before Judge( Eite. Bartow superior court. November 11, 1912. McEwen, as trustee in bankruptcy of the Southern Iron Company, brought suit against W. M. Kelly, W. H. Totten Jr., and W. C. Satterfield, seeking to recover $3,490.57. So far as necessary to be set out, the allegations were as follows: Kelly, Satterfield, and Totten formed a partnership, in the latter part of the year 1905, for the purpose of mining and shipping ore, which continued until…
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Equitable petition. Before Judge( Eite. Bartow superior court. November 11, 1912. McEwen, as trustee in bankruptcy of the Southern Iron Company, brought suit against W. M. Kelly, W. H. Totten Jr., and W. C. Satterfield, seeking to recover $3,490.57. So far as necessary to be set out, the allegations were as follows: Kelly, Satterfield, and Totten formed a partnership, in the latter part of the year 1905, for the purpose of mining and shipping ore, which continued until October 23, 1906, when a charter was granted to them. During the continuance of the partnership Kelly was the treasurer. All…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
•1. Directors of a private corporation occupy a somewhat peculiar position. They have been variously classified as agents, mandatories, bailees, and trustees; and it has been sought to define their duties and liabilities to the corporation and its stockholders on the basis of such relations. A great deal of learning has been *723expended, and perhaps some of it wasted, in efforts to rigidly apply one or another of these analogies to facts to which it has not always been fully applicable./ Directors are agents, but they are also agents clothed with a fiduciary…
2Cases cited5 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Hun v. . CaryNew York Court of Appeals · 1880
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Tatum v. LeighSupreme Court of Georgia · 1911
- Schley v. DixonSupreme Court of Georgia · 1858
3Cited by27 opinions
- Federal Deposit Insurance Corp. v. LoudermilkSupreme Court of Georgia · 2014
- Gochenour v. George & Francis Ball FoundationDistrict Court, S.D. Indiana · 1941
- Griffin v. StateSupreme Court of Georgia · 1914
- Baker v. AllenMassachusetts Supreme Judicial Court · 1935
- Greenwood v. GreenblattSupreme Court of Georgia · 1931
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