Planters' & Miners' Bank v. Padgett
Supreme Court of Georgia
Corporations. Contracts. Estoppel. Constitutional Law. Debtor and Creditor. Before Judge Fain. Bar-tow Superior Court. November Adjourned Term, 1881. The Planters’ etc., Bank brought complaint against Padgett et al. as partners using the firm name and style of “The Cartersv-ille Car Factory and Building Association,’’ on four promissory notes.
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Corporations. Contracts. Estoppel. Constitutional Law. Debtor and Creditor. Before Judge Fain. Bar-tow Superior Court. November Adjourned Term, 1881. The Planters’ etc., Bank brought complaint against Padgett et al. as partners using the firm name and style of “The Cartersv-ille Car Factory and Building Association,’’ on four promissory notes. Three of these were dated November 25th, 1873, were due respectively at sixty and ninety days, and four months after date, to plaintiff, and were signed “ C. B. Wallace, president, per McEwen, treasurer.” The aggregate amount of these three notes was…
1Opinion of the Court
Jackson, Chief Justice.
This was a suit on three promissory notes brought by the Planters’ and Miners’ bank against Padgett, Howard and others as partners, using the firm name and style of The Cartersville Car Factory and Building Association.
To this the defendants pleaded they had formed no such partnership, but had been, before the notes were given, incorporated as a company by the superior court of Bar-tow county; that the plaintiffs dealt with the.corporation as such, and loaned the money to the corporation, and received the notes as a corporate obligation, and not. as a partnership…
2Cases cited4 opinions
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
- Georgia Co. v. CastleberrySupreme Court of Georgia · 1871
- Wilkins v. Wardens & Vestry of St. Mark's Protestant Episcopal ChurchSupreme Court of Georgia · 1874
- Kehler & Brother v. G. W. Jack Manufacturing Co.Supreme Court of Georgia · 1876
3Cited by30 opinions
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Imboden v. Etowah & Battle Branch, Mining Co.Supreme Court of Georgia · 1883
- Huey v. National BankSupreme Court of Georgia · 1933
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