Legal Opinion

Artesian Lithia Water Co. v. Central Bank & Trust Corp.

Supreme Court of Georgia

Decided August 19, 1912PublishedCited by 6 opinions

Comiolaint. Before Judge Morris. Cobb superior court. May 13, 1911. The Central Bank & Trust Corporation sued the Artesian Lithia Water Company upon, four promissory notes, aggregating the principal sum of $300. Each of these notes was signed, “Artesian Lithia Water Co. (Seal), by J. J. Verner, Sec. & Treas.”

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Comiolaint. Before Judge Morris. Cobb superior court. May 13, 1911. The Central Bank & Trust Corporation sued the Artesian Lithia Water Company upon, four promissory notes, aggregating the principal sum of $300. Each of these notes was signed, “Artesian Lithia Water Co. (Seal), by J. J. Verner, Sec. & Treas.” The defendant company filed its plea and answer, in which it denied that the notes sued on were executed by any authorized agent or representative of the defendant, for it or on its behalf, or by its authority, or with its knowledge or consent; and therefore denied that it was liable to…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) Under the facts of this ease the court could not properly have done otherwise than direct the verdict of which complaint is made. Yerner, who signed' the notes in the name of the defendant companj', was its secretary and treasurer; and not only did he hold this office by a regularly adopted resolution of the board of directors, but he also performed the functions of a general manager for the company. Under the first section of the resolution of February 6,-1907, set forth in the statement of facts, the president of the company and Yerner were authorized to…

2Cited by6 opinions

  1. Warren v. . SusmanSupreme Court of North Carolina · 1915
  2. Macon Union Co-Operative Ass'n v. ChanceCourt of Appeals of Georgia · 1924
  3. Rogers v. CondonSupreme Court of Georgia · 1915
  4. Walker v. LastingerSupreme Court of Georgia · 1914
  5. Wyche v. Bank of Campbell CountySupreme Court of Georgia · 1925

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