Ward-Truitt Co. v. Bryan
Supreme Court of Georgia
Complaint. Before Judge Larsen. Twiggs superior court. October 15, 1914. Ward-Truitt Company brought suit upon certain promissory notes dated December 21, 1911, against S. A. Bryan and C. B. Lamb as partners in the name of Bryan and Lamb.
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Complaint. Before Judge Larsen. Twiggs superior court. October 15, 1914. Ward-Truitt Company brought suit upon certain promissory notes dated December 21, 1911, against S. A. Bryan and C. B. Lamb as partners in the name of Bryan and Lamb. The defendants filed a- plea’, denying that they were partners at the time of giving the notes, and setting up that, while they had been partners, the partnership had been dissolved and a corporation formed, with the two named individuals as officers and stockholders of the same; that the corporation had been adjudicated a bankrupt and discharged in the…
1Opinion of the CourtBeck, J.
(After stating the facts.) The plaintiff insists that a verdict in its favor was demanded in the court below, and that the court properly directed the verdict, and erred in setting that verdict aside upon motion made by the defendants. We agree with counsel'for the plaintiff that there was never any proper organization of the corporation as alleged to exist in the answer of the defendants. There was no stock subscription, or list of stockholders: no minutes were kept. In view of such facts, we are of the opin*773ion that there was no change in the relationship of the individuals composing the…
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