Bank of Garfield v. Clark
Supreme Court of Georgia
Equitable intervention. Before Judge Rawlings. Emanuel superior court. October 28, 1911. Under equitable proceedings begun by stockholders, the property of the Farmers Mercantile Company was, by consent, placed in the hands of a receiver, and various creditors set up their claims for payment. The Bank of Garfield claimed to be a creditor holding a security on real estate. On December 19, 1905, one C. R. Gay executed to the Farmers Mercantile Company a deed.
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Equitable intervention. Before Judge Rawlings. Emanuel superior court. October 28, 1911. Under equitable proceedings begun by stockholders, the property of the Farmers Mercantile Company was, by consent, placed in the hands of a receiver, and various creditors set up their claims for payment. The Bank of Garfield claimed to be a creditor holding a security on real estate. On December 19, 1905, one C. R. Gay executed to the Farmers Mercantile Company a deed. On the back of this was entered the following transfer: “Georgia, Emanuel County. For and in consideration of twenty-six hundred and…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The whole case revolves about the question of the validity of the transfer of the deed made to secure the bank. It did not recite that it was a sealed instrument, nor was the corporate seal of the company attached to it. The name of the company was signed, followed by that of its president and its “G. M.” and secretary and treasurer. Presumably “ G. M.” stood for general manager. Opposite each were the letters “L. S.,” enclosed in parenthesis. This was not enough to make the instrument admissible as prima facie importing authority on the part of the…
2Cases cited5 opinions
- Jones v. EzellSupreme Court of Georgia · 1910
- Towers Excelsior & Ginnery Co. v. InmanSupreme Court of Georgia · 1895
- Butts v. CuthbertsonSupreme Court of Georgia · 1849
- Johnson v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Atlas Tack Co. v. Exchange BankSupreme Court of Georgia · 1900
3Cited by17 opinions
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- Hill v. DanielCourt of Appeals of Georgia · 1936
- Citizens Trust Co. v. ButlerSupreme Court of Georgia · 1921
- WESTERN AMERICAN LIFE INSURANCE COMPANY v. HicksCourt of Appeals of Georgia · 1975
- Helping Hand of Good Samaritan v. Bank of SmithvilleCourt of Appeals of Georgia · 1924
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