Howard v. Long
Supreme Court of Georgia
Complaint. Before Judge Pendleton. Pulton superior court. December 16, 1913. George P. Howard brought suit against N. G. Long, T. J. Eady, W. L. Beyer, P. S. Beed, J. C. Arnall, W. D. Powler, B. L. Arnall and others. A demurrer was filed by all of the defendants except the first five just named. The court sustained the demurrer, and dismissed the action as to the demurrants.
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Complaint. Before Judge Pendleton. Pulton superior court. December 16, 1913. George P. Howard brought suit against N. G. Long, T. J. Eady, W. L. Beyer, P. S. Beed, J. C. Arnall, W. D. Powler, B. L. Arnall and others. A demurrer was filed by all of the defendants except the first five just named. The court sustained the demurrer, and dismissed the action as to the demurrants. The allegations of the petition were substantially as follows: The defendants were the organizers of a corporation known as Senoia Duck Mills. The charter of the corporation was granted on the 21st day of January, 1910,…
1Opinion of the CourtEvans, P. J.
(After stating the facts.) The plaintiff’s right of action is expressly grounded on the Civil Code (1910), § 2220, which declares that “persons who organize a company and transact business in its name, before the minimum capital stock has been subscribed for, are liable to creditors to make good the minimum capital stock with interest.” The plaintiff sustained no contractual relation to the corporation which was alleged to have commenced business before all of its minimum capital stock had been subscribed. If he has any action against the corporation, it must be founded in tort; for the…
2Cases cited5 opinions
- Westmoreland v. PowellSupreme Court of Georgia · 1877
- Burns v. Beck & Gregg Hardware Co.Supreme Court of Georgia · 1889
- John V. Farwell Co. v. Jackson StoresSupreme Court of Georgia · 1911
- Brooke v. DaySupreme Court of Georgia · 1907
- Doolittle v. MarshNebraska Supreme Court · 1881
3Cited by12 opinions
- Garner v. LankfordSupreme Court of Georgia · 1917
- Council v. BrownSupreme Court of Georgia · 1921
- McVeigh v. HarrisonSupreme Court of Georgia · 1937
- Trust Co. of Ga. v. Mortgage-Bond Co. of N. Y.Supreme Court of Georgia · 1948
- Ham v. Robinson Co.Supreme Court of Georgia · 1917
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