Legal Opinion
Short v. McKinney
Court of Appeals of Georgia
Decided April 15, 1965No. 41146PublishedCited by 7 opinions
1Opinion of the Court
Russell, Judge.
“Mere general allegations of fraud are not good against a general demurrer, but the specific facts constituting the fraud must be stated.” Johnson v. Ellington, 196 Ga. 846 (2) (28 SE2d 114) and cit. Since the ruling of the trial court was to the effect that the action was not direct but derivative, an analysis of the petition should address itself first to what fraud is properly alleged, and then to a determination of the party injured thereby. Complaint is made that McKinney, a minority stockholder, purchased the interest of Davis, which would make him majority stockholder…
2Cases cited6 opinions
- Oliver v. OliverSupreme Court of Georgia · 1903
- Bromley v. BromleyCourt of Appeals of Georgia · 1962
- Greenwood v. GreenblattSupreme Court of Georgia · 1931
- Johnson v. EllingtonSupreme Court of Georgia · 1943
- Mann v. ShowalterSupreme Court of Georgia · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Horne v. DrachmanSupreme Court of Georgia · 1981
- Dale v. City Plumbing & Heating Supply Co.Court of Appeals of Georgia · 1965
- 16 Collier bankr.cas.2d 210, Bankr. L. Rep. P 71,537 in Re All American of Ashburn, Inc., Debtor. John W. Griffin, Robert v. Blanton, Paul J. Hill, Craig Black, Billy Black, Steven L. Ivie, and Hillard P. Burt v. Paul W. Bonapfel, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
- Gulf Life Insurance Co. v. WilsonCourt of Appeals of Georgia · 1971
- Smith v. Maytag Corp.Court of Appeals of Georgia · 1995
2 more not listed; retrieve them via the Exa API.