Van Dyke v. Van Dyke
Supreme Court of Georgia
Complaint. Before Judge Reid. City court of Atlanta. ■ June 8, 1904. Mary J. Yan Dyke brought suit against Alice M. Yan Dyke, alleging, in brief, as follows: The defendant is indebted to the plaintiff in the sum of $1,440, besides interest, which indebtedness was created as follows: On April 25, 1899, E. A. Yan Dyke, the husband of the defendant, who the plaintiff knew_ had been the owner of 32 shares of the capital stock of the Merchants National Bank, of St. Paul,…
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Complaint. Before Judge Reid. City court of Atlanta. ■ June 8, 1904. Mary J. Yan Dyke brought suit against Alice M. Yan Dyke, alleging, in brief, as follows: The defendant is indebted to the plaintiff in the sum of $1,440, besides interest, which indebtedness was created as follows: On April 25, 1899, E. A. Yan Dyke, the husband of the defendant, who the plaintiff knew_ had been the owner of 32 shares of the capital stock of the Merchants National Bank, of St. Paul, Minnesota, came to the plaintiff and informed her that the stock had been assessed forty-five per cent, of its face value, and…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) The general rule-with reference to holding an undisclosed principal liable upon the contract of his agent is thus stated in the Civil Code, § 3024: “ If an agent, fails to disclose his principal, yet, when discovered, the person dealing with the agent may go directly upon the principal, under the contract, unless the principal shall have-previously accounted and settled with the agent.” This is a codification of the law as it stood prior to the original Code of 1863, and is not an innovation resulting from legislative enactment. In Lenney v. Finley, 118 Ga. 718, it…
2Cases cited19 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Terry v. RodahanSupreme Court of Georgia · 1888
- Sivell v. HoganSupreme Court of Georgia · 1903
- Merchants' Bank v. Central BankSupreme Court of Georgia · 1846
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Coaling Coal & Coke Co. v. HowardSupreme Court of Georgia · 1908
- Citizens Bank v. HallSupreme Court of Georgia · 1934
- Allen v. MontgomeryCourt of Appeals of Georgia · 1920
16 more not listed; retrieve them via the Exa API.