Lowry National Bank v. Fickett
Supreme Court of Georgia
Action on contract. Before Judge Reid. City court of Atlanta. April 5, 1904. The Lowry National Bank sued Eickett and others as guarantors, to recover $1,333.34 principal, besides interest.
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Action on contract. Before Judge Reid. City court of Atlanta. April 5, 1904. The Lowry National Bank sued Eickett and others as guarantors, to recover $1,333.34 principal, besides interest. The contract of guaranty declared on recited that the defendants were stockholders in the R. N. Eickett Paper Company, a corporation; that that company was indebted to the plaintiff in a large sum, evidenced by its promissory notes; that the company might desire to increase its indebtedness; and that the plaintiff' was unwilling to extend further credit, unless tbe defendants would guarantee the payment of…
1Opinion of the CourtCobb, J.
1. As a general rule, the books of a corporation can not be received to establish a right in the corporation against third persons, but they may be used for the purpose of showing the regularity and legality of corporate proceedings, and thereby establish a right against one of the members, and of course may be used to establish a right against the corporation itself. Hall v. Carey, 5 Ga. 243; 5 Enc. Ev. 609, 610. Such books being required by law to be kept, and the entries therein being of public interest, and being made under the sanction of a legal duty, are recognized by law as evidence…
2Cases cited5 opinions
- Merchants' Bank v. RawlsSupreme Court of Georgia · 1849
- Kedey v. PettyIndiana Supreme Court · 1899
- Sponhaur v. MalloyIndiana Court of Appeals · 1898
- Flanagin v. HambletonCourt of Appeals of Maryland · 1880
- Hall v. CareySupreme Court of Georgia · 1848
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- Safeway Finance Co. v. Ward (In Re Ward)District Court, S.D. Georgia · 1981
- City National Bank v. StoeckelSupreme Court of Connecticut · 1926
- Knight v. First Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1979
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