Legal Opinion

Modern Free & Accepted Masons of the World v. Cliff M. Averett, Inc.

Court of Appeals of Georgia

Decided November 12, 1968No. 43963PublishedCited by 5 opinions

1Opinion of the Court

Deen, Judge.

The name of an organization followed by the name and office of an authorized individual as the signatory of a note constitutes a signature made in a representative capacity. Code Ann. § 109A-3 — 403 (3). Such a signature is presumed to be authorized, and if it is desired to challenge its effectiveness it must be specifically denied in the pleadings. Code Ann. § 109A-3 — 307. No issue as to the authority of Baldwin to sign the note was made on the trial of this case, and it accordingly constituted an obligation of the defendant. While there is some testimony as to a renewal note,…

2Cases cited1 opinion

  1. King v. EdelCourt of Appeals of Georgia · 1943

3Cited by5 opinions

  1. Yeomans v. Coleman, Meadows, Pate Drug Co.Court of Appeals of Georgia · 1983
  2. Southtrust Bank of Georgia v. ParkerCourt of Appeals of Georgia · 1997
  3. Goodwyne v. MooreCourt of Appeals of Georgia · 1984
  4. Mechanics National Bank of Worcester v. ShearMassachusetts Appeals Court · 1979
  5. Phoenix Air Conditioning Co. v. PoundCourt of Appeals of Georgia · 1971

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