Legal Opinion

Farmers Warehouse Co. v. First National Bank

Supreme Court of Georgia

Decided November 17, 1921No. 2445PublishedCited by 8 opinions

Equitable petition. Before Judge Park. Baldwin superior court. January 18, 1921. The First National Bank of Milledgeville, Georgia, hereinafter referred to as the bank, brought an equitable petition against the Farmers Warehouse Company, hereinafter referred to as the warehouse company, and Samuel Evans Sons & Company, hereinafter called Evans & Co., for injunction and. other relief.

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Equitable petition. Before Judge Park. Baldwin superior court. January 18, 1921. The First National Bank of Milledgeville, Georgia, hereinafter referred to as the bank, brought an equitable petition against the Farmers Warehouse Company, hereinafter referred to as the warehouse company, and Samuel Evans Sons & Company, hereinafter called Evans & Co., for injunction and. other relief. The petition alleged in substance the following; On March 2, 1920, the bank advanced to W. P. Ennis $1042.79, and took as security therefor the promissory note of Ennis payable to the bank, due October 1, 1920.…

1Opinion of the Court

'Hill, J.

1. The secretary and manager of a corporation, who owns no stock in the corporation and is not otherwise beneficially or pecuniarily interested therein, is qualified to witness an instrument of writing to which the corporation is a party. Citizens Trust Co. v. Butler, and cases cited, 152 Ga. 80 (108 S. E. 468).

2. “ Agricultural crops raised by a ‘ cropper ’ do not become personalty until they are detached from the soil; and the owner of the land cannot employ the remedy provided in the Civil Code, § 4483, generally applicable for the recovery of the possession of personalty, for the…

2Cases cited5 opinions

  1. Ison v. Mayor of GriffinSupreme Court of Georgia · 1896
  2. Pitts v. HendrixSupreme Court of Georgia · 1849
  3. Williams v. MitchemSupreme Court of Georgia · 1921
  4. Citizens Trust Co. v. ButlerSupreme Court of Georgia · 1921
  5. Frost v. RenderSupreme Court of Georgia · 1880

3Cited by8 opinions

  1. First National Bank v. State Mutual Life InsuranceSupreme Court of Georgia · 1927
  2. FOURTH NATIONAL BANK &C. v. HowellCourt of Appeals of Georgia · 1955
  3. American Agricultural Chemical Co. v. SmithCourt of Appeals of Georgia · 1932
  4. Kelly & Sons v. Monroe Cotton MillsCourt of Appeals of Georgia · 1923
  5. Worley v. Planters Cotton Oil Co.Supreme Court of Georgia · 1935

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