Legal Opinion
Lynah v. Citizens & Southern Bank
Supreme Court of Georgia
Decided May 12, 1911PublishedCited by 13 opinions
Complaint. Before Judge Charlton. Chatham superior court. April 22, 1910.
1Opinion of the CourtEish, C. J.
1. An unpaid subscription to the capital stock of a corporation, after a call has been made, being a chose in action, is assignable in writing. Civil Code (1910), § 3652. Chattanooga R. Co. v. Warthen, 98 Ga. 599 (25 S. E. 988); 1 Cook on Corporations, § 111.
2. Where writings relied on as the basis of a cause of action are set forth in substance, it is not a good ground of special demurrer to the petition that copies of the writings are not set' forth in it nor attached thereto as exhibits. Social Benevolent Society v. Holmes, 127 Ga. 586 (3), 589 (56 S. E. 775), and cases cited.
3. There was'…
2Cases cited2 opinions
- Social Benevolent Society, No. 1 v. HolmesSupreme Court of Georgia · 1907
- Chattanooga, Rome & Columbus R. R. v. WarthenSupreme Court of Georgia · 1896
3Cited by13 opinions
- Marion County v. McCorkleSupreme Court of Georgia · 1938
- Southern Land, Timber & Pulp Corp. v. Davis & Floyd Engineers, Inc.Court of Appeals of Georgia · 1964
- Gaither v. GaitherSupreme Court of Georgia · 1950
- Chatham Finance Co. v. EitelCourt of Appeals of Georgia · 1942
- Corbin v. ShadburnCourt of Appeals of Georgia · 1934
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