Merchants & Farmers Bank v. Johnston
Supreme Court of Georgia
Complaint. Before Judge Lewis. Baldwin superior court. January Id, 1007. The suit was against Samuel Evans & Company (alleged to be a partnership composed of Samuel Evans and Kate M. Johnston), on two promissory notes under seal, payable to the plaintiff,— one dated September 28, 1900, and the other dated Januarjr 8, 1901, — and upon an account. The notes were signed “Samuel Evans & Company, per M. Johnston.”
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Complaint. Before Judge Lewis. Baldwin superior court. January Id, 1007. The suit was against Samuel Evans & Company (alleged to be a partnership composed of Samuel Evans and Kate M. Johnston), on two promissory notes under seal, payable to the plaintiff,— one dated September 28, 1900, and the other dated Januarjr 8, 1901, — and upon an account. The notes were signed “Samuel Evans & Company, per M. Johnston.” The defendant Kate M. Johnston filed a plea denying that she was ever a member of the partnership, or that she .was indebted to the plaintiff, and denying that she ever executed, or…
1Opinion of the CourtHolden, J.
(After stating the facts.)
1. An agent acting in behalf of a principal, in the latter’s presence and at his instance, is for the time being the alter ego of the principal, and the agent’s act is in law the act of the principal himself. So, if one person,_ at the request and in the presence of another, execute an instrument in behalf of the latter, the legal effect is the same as though the party authorizing the execution himself held the pen. Ellis v. Francis, 9 Ga. 435 ; Reinhart v. Miller, 22 Ga. 402 (68 Am. D. 506). See also Cunningham v. Lamar, 51 Ga. 574. This rule is not altered by the…
2Cases cited9 opinions
- Drumright v. PhilpotSupreme Court of Georgia · 1854
- Reinhart v. MillerSupreme Court of Georgia · 1857
- Reese v. WymanSupreme Court of Georgia · 1851
- Printup Bros. v. TurnerSupreme Court of Georgia · 1880
- Sutlive v. JonesSupreme Court of Georgia · 1878
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3Cited by18 opinions
- Baker v. StateCourt of Appeals of Georgia · 1914
- Hansen v. OwensSupreme Court of Georgia · 1909
- Atlas Assurance Co. v. KettlesSupreme Court of Georgia · 1915
- Smith v. Stock Yards Loan Co.Supreme Court of Oklahoma · 1939
- Allen v. MontgomeryCourt of Appeals of Georgia · 1920
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