Morris v. Georgia Casualty Co.
Supreme Court of Georgia
Equitable petition. Before Judge Mathews. Bibb superior court. August 27, 1917. The petition, filed on September 9, 1916, shows the following: The plaintiffs, Morris and Barrow, are and have been for six ySars the owners of six and twenty-seven shares respectively of the capital stock of Georgia- Casualty Company, formerly Georgia Life Insurance Company.
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Equitable petition. Before Judge Mathews. Bibb superior court. August 27, 1917. The petition, filed on September 9, 1916, shows the following: The plaintiffs, Morris and Barrow, are and have been for six ySars the owners of six and twenty-seven shares respectively of the capital stock of Georgia- Casualty Company, formerly Georgia Life Insurance Company. They bring suit against W. E. Small et al., for $499,100, on account of their contract of subscription, executed in May 1909, to the capital stock of the company, 4991 shares of which are unpaid for; the contract, omitting the signatures,…
1Opinion of the CourtGilbert, J.
The entire case is controlled by one question of law: When did the statute of limitations begin to run as to the contract of stock subscription which is the basis of the suit? According to the view of this question which we entertain, the court properly dismissed the petition; and since the suit could not proceed to collect the subscription price of the stock, it could not, under any view of the case, benefit the plaintiffs to continue the. suit as to matters contained in the other prayers of the petition. The law in regard to the question just stated is by no means uniform in the various…
2Cases cited3 opinions
- Weed v. Gainesville, Jefferson & Southern RailroadSupreme Court of Georgia · 1904
- Georgia Manufacturing & Paper Mill Co. v. AmisSupreme Court of Georgia · 1874
- Harris v. Gateway Land Co.Supreme Court of Alabama · 1900
3Cited by4 opinions
- C & S Land, Transportation & Development Corp. v. YarbroughCourt of Appeals of Georgia · 1980
- MacDonell v. HinesCourt of Appeals of Georgia · 1922
- Haswell v. HaswellCourt of Appeals of Georgia · 1951
- Pearce v. BennettCourt of Appeals of Georgia · 1926